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2. The accident in question had happened on 01.07.2008 when the claimant was travelling by a Car bearing registration (2 of 16) [CMA-1281/2010] No.UP78 AG 8770, and the said Car met with an accident with another vehicle bearing registration No.GJ12 W 8800, which resulted into car turning turtle and the claimant getting injured.

The learned Tribunal while deciding the claim on 09.08.2010 has arrived at a conclusion that the claimant was entitled for Rs.14000/- for four injuries received by her and pain no account of such injuries; and also Rs.48200/- on account of the medical bills. The Tribunal has also arrived at a conclusion that the appellant was having seven months' old female foetus in her womb and the dead child had to be removed after operation.

4. Hence, the appeal is dismissed. All the pending applications stand disposed of.

S.B. Civil Misc. Appeal No.1280/2010:

1. This misc. appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants-claimants claiming the following relief:

"It is, therefore, prayed that this appeal may kindly be allowed, the impugned judgment and order dated 09.08.2010 may kindly be set (3 of 16) [CMA-1281/2010] aside and the claim petition filed by the appellants may kindly be allowed in toto with costs throughout."

4. In the case of Manju Devi v. Musafir Paswan, the Hon'ble Supreme Court awarded compensation of Rs.

2,25,000/- in respect of death of a 13-years old boy by applying the multiplier of 15 and taking the notional income of Rs. 15,000/- as per the Second Schedule of the Motor Vehicles Act. The relevant portion of the said judgment is reproduced hereunder:

(4 of 16) [CMA-1281/2010] As set out in the Second Schedule to the Motor Vehicles Act, 1988, for a boy of 13 years of age, a multiplier of 15 would have to be applied. As per the Second Schedule, he being a non-earning person, a sum of Rs. 15,000/- must be taken as the income. Thus, the compensation comes to Rs. 2,25,000/-

4. Had the Tribunal peeped into the Second Schedule, as per Section 163A of Motor Vehicles Act, 1988, it would have dawned on the Tribunal that vide serial No. 6, notional income for compensation in case of fatal accidents has been stipulated at Rs. 15,000/- per annum.

5. In the decision reported as Manju Devi v. Musafir Paswan 2005 ACJ 99 (SC), dealing with the accidental death of 13 years old boy, while awarding compensation under the Motor (5 of 16) [CMA-1281/2010] Vehicles Act, 1988, Apex Court took into account the notional income stipulated in the Second Schedule being Rs. 15,000/- per annum.