Meena Sinha v. Director, Central Tassar And Research And Training Institute Central Silk Board
2007-05-04
M.Y.EQBAL, RAKESH RANJAN PRASAD
body2007
DigiLaw.ai
JUDGMENT M.Y. Eqbal, J. 1. The claimants, who are the appellants, have filed this appeal for enhancement of compensation. The Motor Accident Claims Tribunal, Ranchi awarded a sum of Rs. 4,73,160/- by way of compensation in compensation case No. 89/2002. 2. The claimants filed claim application claiming a sum of Rs. 17,76,560/- as compensation for the death of one Dhirendra Kumar who died in a motor vehicle accident. 3. The facts of the case are that on 22.4.2002 when the deceased, Dhirendra Kumar, a CCL employee, was going to Lalpur on his motorcycle, a bus bearing registration No. BPY 4180 dashed his motorcycle from the backside and crushed him under its rear wheels. The deceased received grievous injuries and died on the spot. Claimants case is that the deceased was 45 years of age and his annual income was Rs. 2,00,606.60/-. 4. The tribunal, after appreciation of the evidence, assessed compensation at Rs. 4,73,160/-. Learned Counsel appearing on behalf of the appellants-claimants assailed the quantum of compensation assessed by the tribunal as being contrary to the facts and settled proposition of law. Learned Counsel submitted that the assessment of compensation by taking the net income of the deceased is against the law. According to the learned Counsel the compensation amount has not been assessed taking into consideration the gross monthly income of the deceased. 5. From perusal of the judgment it transpires that the monthly salary of the deceased was Rs. 13,477/-. The tribunal multiplied the said amount and calculated the annual salary at Rs. 1,61,760/-. According to the tribunal, the income tax payable on the said annual salary was Rs. 24,780/-. After deducting the income tax, the net annual income of the deceased was calculated at Rs. 1,36,980/-. Since the son of the deceased got compassionate appointment, the tribunal deducted the amount of salary which the son of the deceased is getting on his compassionate appointment. After deducting that amount the compensation was assessed on the balance amount of salary of the deceased and in this way the compensation was assessed at Rs. 4,73,160/-. 6. In our view, the mode of assessment adopted by the tribunal is not in accordance with law. Admittedly the net salary, according to the salary certificate of the deceased, was Rs. 7,802/-. The annual salary of the deceased, therefore, shall be Rs. 93, 624/-.
4,73,160/-. 6. In our view, the mode of assessment adopted by the tribunal is not in accordance with law. Admittedly the net salary, according to the salary certificate of the deceased, was Rs. 7,802/-. The annual salary of the deceased, therefore, shall be Rs. 93, 624/-. If we deduct 1/3rd of the amount, then the annual dependency comes of Rs. 63,460/-. The deceased was aged 45 years. Taking into consideration the age of the deceased the multiplier of 12 is to be taken. If we multiply by round figure of annual dependency of Rs. 60,000/- by 12 then the compensation amount comes to Rs. 7,20,000/-. We are, therefore, of the view that the compensation assessed by the tribunal is on lower side. 7. Having regard to the entire facts and circumstances of the case and also considering the fact that the deceased left behind him his widowed mother, his widow and sons and daughters, a compensation of Rs. 7,00,000/- shall be just and reasonable compensation. We, therefore, allow this appeal and enhance the compensation amount from Rs. 4,73,160/- to Rs. 7,00,000/- (seven lacs). R.R. Prasad, J. 8. I agree.