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MOHAN M.SHANTANAGOUDAR, KRISHNA MURARI
Shakuntala – Appellant
Versus
Balraj – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sanchar Anand, Shiv Kumar, Rohan Gupta and Devendra Singh, Advs.
For the Respondent: Meenakshi Midha, Pritika Juneja and Chander Shekhar Ashri, Advs.

JUDGMENT :

Mohan M. Shantanagoudar, Krishna Murari, JJ.

1. Delay condoned.

2. Leave granted.

3. In the accident occurred on 4.5.2013, Dharmendra, aged about 24 years, lost his life. He was pursuing Master of Business Administration course. He was unmarried. The Motor Accidents Claims Tribunal awarded compensation to the tune of Rs. 7,35,000 and the High Court enhanced the same to Rs. 11,64,000. The claimants are before this Court seeking further enhancement. The High Court has quantified the compensation taking the notional income of the deceased at Rs. 7,500 per month. This assessment of monthly income notionally, in our considered opinion, is on the lesser side. Since the deceased was also a graduate and was pursuing his Master's course with a view to get a better job in Business Administration, the High Court, at least, could have taken Rs. 10,000 per month as notional income of the deceased.

4. Having regard to the totality of facts and circumstances of the case and taking Rs. 10,000 per month as notional income of the deceased, we are of the opinion that interest of justice would be met if the compensation is enhanced to Rs. 15,00,000 from Rs. 11,64,000. The rate of interest, as aw

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