respondent's driver was negligent to the extent of
60%, definitely the claimants who are legal
representatives of the deceased are entitled to get
compensation to the extent of 60 %. Now, while
calculating the compensation, though the claimants
had come with a case that the deceased was doing
business in grocery shop as well as bangles shop,
yet, there was no proof led by them. Notional income
ought to have been invoked by the learned Tribunal
taking into consideration her capacity as housewife.
However, the learned Tribunal went on to have
evidence regarding the salary of the husband of the
deceased and then calculated the monthly notional
income of the deceased, 1/3rd of that salary. This
exercise was in fact, not required at all. The
accident had taken place in the year 2009 and
therefore, the notional income ought to have been
gathered from the catena of judgments of this Court
as well as the Supreme Court and also on the basis of
the fact that she was a housewife. In those catena
of judgments, we could find the notional income is
taken as Rs. 3,000/- per month. Here, in this case,
the learned Tribunal has considered it at the rate of
3,119/- per month, which is just above the notional
income and therefore, it cannot be stated that it is
excessive. Further, 30 % of the same has been added
as future prospectus. Since the compensation has
been decided in 2015, consideration of that aspect
can also be said to be justified. Therefore, the
