Omwati and Others vs Sita Ram Mal and Others

K.S. Rathore, J.—The appellants have challenged the impugned judgment dated 9.10.2001 passed by the M.A.C.T., Deeg, Bharatpur only to the extent whereby the Tribunal has computed the award after deducting one-third income of the deceased on account of his personal expenses.

Learned Counsel for the appellants placed reliance on the judgment rendered in the case of Kamlesh and Others Vs. R.S.R.T.C. and Others, wherein this Court has held that such deduction is not admissible on taking notional income of deceased under Second Schedule of the Act.

In view of the ratio decided by this Court, I deem it proper to direct M.A.C.T., Deeg, Bharatpur, to compute the award without deducting one-third income of the deceased on account of his personal expenses. After fresh computation of award, the difference of amount shall be deposited by the insurance company before M.A.C.T., Sawai Madhopur and the M.A.C.T., Sawai Madhopur is directed to deposit the said amount in monthly income scheme (Post Office) for the period of six years as per the rest of terms and conditions of the award. The appellants are only entitled to receive interest thereon.

With the above modification in the award, the miscellaneous appeal stands partly allowed.