Omwati and Others vs Sita Ram Mall and Others

K.S. Rathore, J.—The appellants have challenged the Impugned award dated 9.10.2001 passed by the MACT, Deeg, Bharatpur only to the extent whereby the Tribunal has computed the award after deducting 1/3rd income of the deceased on account of his personal expenses.

Learned Counsel for the appellants placed reliance on the judgment rendered in case of Kamlesh and Ors. v. RSRTC and Ors. reported in IV (2005) ACC 269 : 2005 (5) RDD 1340, 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 the MACT, Deeg to compute the award without deducting 1/3rd 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 the MACT, Sawai Madhopur and the MACT, Sawai Madhopur is directed to deposit the said amount in MIS Scheme (Post Office) for the period of six years as per the rest terms and conditions of the award. The appellants are only entitled to receive interest thereon.

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