Kishan Gopal & Anr vs Lala & Ors on 26 August, 2013
11. Admittedly, the deceased was studying 3rd standard. The Tribunal took into consideration the said fact and fixed the notional income at Rs.15,000/- per annum. Challenging the same, the claimant/Petitioner contends that as per the Apex Court Ruling reported in 2013 2 TNMAC 358 SC [Kishan Gopal and another Vs. Lala and others], the notional income for 10 years old student was fixed at Rs.30,000/- per annum by the Apex Court and the said accident took place during 1992 whereas the present accident occurred in the year 2007. As such, the Petitioners/claimants pleads that keeping in mind the rate of inflation and other attendant circumstances, the notional income of the deceased Swapna has to fixed at higher level. The learned counsel for the Petitioners also contended that in another case, this court has fixed the notional income of the deceased minor student aged 8 years at Rs.60,000/- per annum and in the said case, the accident occurred on 29.08.2014. In the said case also, the deceased was aged 8 years and she was studying 3rd standard. Thus, the learned counsel for the Petitioners pleads to fix the notional income of the deceased at Rs.60,000/- per annum.