S.K. Kar, J.
1. Heard learned counsel appearing for the petitioner who tried to invoke power of this court under Article 227 of the Constitution of India read with Section 151 of CPC in connection with award granted by MACT Aizawl in MACT Case No. 71/98 vide order dated 19.2.2003.
2. Learned counsel for the claimant/respondent No. 1 (Smt. Lalliankimi) is also present. Both sides conceded to the disposal of the case at this stage.
3. I have heard learned counsel for the respondent also and perused the impugned judgment. It is seen that learned Tribunal without recording its opinion on the basis of actual evidence on record has assessed income of the deceased on guess work at Rs. 3,100 per month. Than again deducted Rs. 100 and had taken the round figure of Rs. 3,000 as basis to calculate the just compensation. This is not permissible in law. The court/tribunal is duty bound to decide facts on the basis of actual evidence on record. In MACT cases it being a social welfare legislation, there is an alternative method available to assess the compensation on the basis of notional income as conceived by second schedule of the Motor Vehicle Act, 1988 as amended up-to-date.
4. This is a death case of young boy aged about 18 years and evidence on record had shown he was having a grocery shop. Therefore, though minor, he had definitely some income. As per the second schedule of the Motor Vehicle Act for age group of 15 to 20 years the multiplier to be chosen in '16'. Therefore, in instant case the just compensation ought to have been as follows :-
15,000 x 6 plus funeral expenses of Rs. 2000 plus loss estate of Rs. 2,500 i.e., a total or Rs. 2,44,500
5. The petition is entertained and the just compensation is modified and reduced to at Rs. 2,44,500/-. The rate of interest granted by the MACT will remain undisturbed. The Tribunal to order and execute the order/award accordingly.
6. Petition is disposed accordingly.