IN THE HIGH COURT OF JHARKHAND AT RANCHI M. A. No. 367 of 2014 ----- 1. Dewa Mahto @ Dewa Yadav 2. Bishwanath Yadav 3. Thanu Yadav, All S/o Late Ganesh Mahto, R/o Village-Nagwan, P.O. & P.S.-Chatra, Dist.-Chatra … …. Appellants Versus 1. Sri Bhario Singh, S/o Budhan Singh 2. Shri Raj Devi @ Smt. Dhiraj Devi, W/o Shri Bhairo Singh, both R/o Village-Holamgadha, P.O.-Tatra (Dumri Barabagi) P.S.-Chatra, Dist.-Chatra 3. National Insurance Company Ltd. Hazaribagh, P.O., P.S. & Dist.- Hazaribagh … …. Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Appellants : Mr. Vijay Kumar Sharma, Advocate For the Respondent-3 : Mr. Pratyush Kumar, Advocate ----- Oral Order 13 / Dated : 06.03.2025 1. Claimants are in appeal before this Court for enhancement of compensation which has been awarded as Rs. 1,31,800/- under Section 166 of the M.V. Act. 2. It is argued by the learned counsel appearing on behalf of the appellants that the deceased died in motor vehicle accident when he was dashed by a tractor bearing registration No. BR 13 B-1108. 3. As per the claim application the deceased who was 54 years old lady and used to eke out her livelihood by collection of Mahua and grazing cattle and was having monthly income of Rs. 1500/-. 4. Learned Tribunal awarded a compensation of Rs. 1,31,800/- by taking notional income. The Tribunal computed the compensation by taking Rs. 1500/- per month as income of the deceased by relying on the ratio of the Hon’ble Apex Court in the case of Rajesh Vs. Rajbir Singh reported in 2013 (3) SCC Cri 817. 5. Learned counsel appearing on behalf of the appellants submits that as per the oral evidence, the deceased was earning Rs. 2,000/- per month. It is also argued that while computing the 2 compensation loss of consortium by Rs. 5,000/- has only be considered. 6. I, do not find any reason to take Rs. 2,000/- per month as the monthly income as it is beyond the pleadings in the claim application, wherein it has been specifically pleaded that the monthly income was Rs.1500/- 7. Learned counsel for the Insurance Company has contested the appeal for enhancement of compensation. It is argued that the claim of monthly income of Rs.2000/- is beyond the pleadings and, therefore, the Tribunal has taken Rs.1500/- as notional monthly income. 8. Having considered the submissions advanced, I do not find any reason to take Rs.2000/- as monthly income as it is beyond the pleading of the claim pleaded that monthly income was Rs.1500/-. However, only Rs.30,000/- has been awarded under the conventional head which is enhanced to Rs.84,000/-. The final compensation amount will work out as under: Annual Income of the deceased Rs.1500 X 12 = Rs18,000/- 1/3rd as personal and living expense Rs. 6,000/- Rs. 18,000/- 6,000/- = Rs. 12,000/- 15% future prospect Rs. 1800/- Annual Income after deduction + Future Prospect Rs. 13,800/- Taking 11 as multiplier as the age of the deceased at the time of accident was 54 years Rs.13,800 X 11 = Rs.1,51,800/- Conventional Head Rs. 84,000/- Total Rs. 2,35,800/- As Rs.50,000/- was paid as interim compensation therefore, the Insurance company is directed to pay total 3 compensation of Rs.1,85,800/- with interest @ 6% from the date of claim application. Payment shall be made within one month from the date of the order before the learned Tribunal and the same shall be disbursed to the respective claimants on proper identification as per the terms of disbursement decided by the Tribunal. This Misc. Appeal is, accordingly, disposed of. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra