R.K.SINGH, S.C.VERMA
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
VIBHA SENGAR – Respondent
( 1 ) WE have heard learned counsel for the appellant Mr. K. L. Grover. In this case, the claimants are parents of deceased Deepak Kumar, aged 12 years, a student. The claimants are father and mother of the deceased and a compensation of Rs. 1,50,000 has been awarded by the motor Accidents Claims Tribunal, Kanpur dehat/ix Additional District and Sessions judge, Kanpur Dehat by impugned award and judgment dated 4. 11. 1999 in Claim case No. 160 of 1997. The correctness of the impugned award is challenged by Mr. Grover on the sole ground that the deceased being a boy of 12 years, could not have been in a position to get any employment, therefore, no income should be calculated for computing the compensation, the notional income given under item no. 6 in the Second Schedule to Motor vehicles Act, 1988 is interpreted by Mr. Grover in the way that if a citizen who had capacity to earn something but had got no source of income, then only this notional income applies.
( 2 ) WE, after careful consideration of this argument, do not find any merit in it. The word used in the Second Schedule, item No. 6, covers all persons whose income is not disclosed in the claim petition or
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