Allahabad High Court
Khinni Lal & Another vs Om Prakash & Another on 9 August, 2010
Author: Naheed Ara Moonis
Bench: Naheed Ara Moonis
Court No. - 40 Case :- FIRST APPEAL FROM ORDER No. - 2003 of 2010 Petitioner :- Khinni Lal & Another Respondent :- Om Prakash & Another Petitioner Counsel :- Amit Kumar Sinha Hon'ble Satya Poot Mehrotra,J.
Hon'ble Naheed Ara Moonis,J.
Order on Appeal Shri A.K. Sinha, learned counsel for the appellant submits that the deceased was aged about 12 years at the time of the accident i.e. 31.12.2006. While notional income of the deceased was taken as Rs. 15,000/-, the Tribunal erred in observing that the deceased would have spent two-third of the income on self while one-third income on her parents. Reliance in this regard is placed on the following decisions:
1. New India Assurance Company Ltd. Vs. Padam Singh and others, 2008 AICC 16 (Allahabad).
2. Jitendra Kumar and another Vs. Oriental Insurance Co. Ltd. and another, 2010 ACJ 242 (Delhi).
Admit.
Issue notice.
Order Date :- 9.8.2010 safi