ORDER
Uma Nath Singh, J.
1. This misc. appeal impugns an award dated 21.7.1998 passed by the Motor Accident Claims Tribunal, Dabra, Gwalior in Claim Case No. 21/1996 allowing a claim of the parents of the deceased only to the extent of Rs. 70,000/-.
2. It is said that on 28.1.1996 at about 5.30 p.m. when deceased was going with her maternal uncle Prem Dutt on Moped to some place, she was crushed to death by the offending vehicle being Bus No. MP 07.B.8386. It is said that the deceased was only aged about 10 years at the time of accident and she hailed from a cultivator family. She was studying in Class IV and the materials on record do not show that the family had a progressive background of female education or service. Thus, had the deceased been alive, she would have been groomed only for marriage.
3. The compensation amount is challenged on a ground of being low and is sought to be enhanced to Rs. 1,00,000/-. It is urged that the Tribunal has not applied a settled formula in calculating the award.
4. On the other hand, learned Counsel for the Insurance Company contends that at the most the deceased would have stayed only for another 8 years with the claimants and looking to her family background, she would have been given in marriage thereafter. According to the learned Counsel, if a formula of notional income is to be applied, the annual income of the deceased would be said to be Rs. 15,000/- for another 8 years. Thus, it would come to Rs. 1,20,000/-. Out of that towards expenses on the deceased child 1/3rd amount would be deducted. Thus, it would come to Rs. 80,000/-. Hence, the award appears to be reasonable and it should not be interfered with.
5. On re-appreciation of evidence on record and having heard contentions of learned Counsel for the parties, I am of the opinion that the award being low needs to be enhanced on applying the formula of notional income of Rs. 15,000/- per annum. The annual income would be multiplied by 10 as the girl being aged about 10 years at the time of accident would have stayed for a period of about 10 years more before her marriage; looking to average age of female at the time of their marriage in rural area of Madhya Pradesh. The notional income of Rs. 15,000/- on being multiplied by 10 would come to Rs. 1,50,000/- which on deduction of 1/3rd towards expenses on the deceased would come to Rs. 1,00,000/-. As the learned Counsel has claimed only a compensation of Rs. 1,00,000/- (One lac) which, being within pecuniary jurisdiction of Single Judge in respect of motor accident claim cases, is hereby allowed and in the totality of circumstances, the amount would also include the cremation charges, etc.
6. Hence, the respondent No. 3, the Insurance Company is directed to Rs. 30,000/- more as the Tribunal has already awarded as per impugned award an amount of Rs. 70,000/-. The enhanced amount shall carry an interest of 9% from the date of award.
7. Accordingly the appeal succeeds to the extent as aforesaid.
