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2012 DIGILAW 376 (BOM)

Savitribai w/o Hulaji Ulewar v. Chief Officer, Degloor Nagar Parishad

2012-02-21

M.T.JOSHI

body2012
Judgment Heard. 2. Admit. 3. Respondent no.2 remained absent, though notice for final disposal was sent to both the respondents. 4. Heard, with the consent of the parties. 5. Aggrieved by the computation of deduction from the salary of the deceased, in order to arrive at a proper multiplicand, the present Appeal is preferred by the original claimants-applicants under section 166 of the Motor Vehicle Act. 6. Deceased was working as a Labour with respondent no.1 Degloor-Nagar Parishad. His gross salary was Rs.4079/-per month, as is proved by the salary certificate at Exhibit 32. The learned Member of the Tribunal deducted whole of the deductions, as are shown in the salary certificate i.e. even the deduction towards the festival advance, subscription to L.I.C. and the Profession Tax at the rate of Rs.120/-per month. 7. It is now well established that only the statutory deductions like taxes are to be deducted from the income. In that view of the matter, out of the gross salary of Rs.4079/-, only permissible deduction is of Rs.120/-per month. Thus, the income of the deceased would come to Rs.4079/ (-) Rs.120/-= Rs.3959/-. The learned Tribunal, however, has correctly given deduction of 1/6th towards personal expenses of the deceased considering that 5 dependents are surviving. Sofar as the multiplier is concerned, considering the age of the deceased as 34 years, the multiplier of 17 is also correctly applied. As regards the non-pecuniary damages, there is also no dispute. 8. In the circumstances, the Appeal requires to be partly allowed. Considering the salary of the deceased and the deductions permissible, following would be the enhanced compensation: Gross Salary Rs.4079/- Less (Profession Tax) Rs.120/- Net Salary Rs.3959/- i.e. 3959 X 12 = Rs.47508/- Rounded off to Rs.47500/- Less(1/6th Deduction) 7910/-39590/ Rounded off to Rs.39600/- Multiplier of 17 X 17/--Compensation Rs.6,73,200/- (Expenses Added : As per the Tribunal's order) Funeral Exp. Rs.5000/- Consortium Rs.15000/- Loss of Estate Rs.5000/- Enhanced Compensation Rs.6,98,200/-. Thus, the total compensation of Rs.4,50,000/-granted by the learned Member is now increased to Rs.6,98,200/-. The Appeal is therefore partly allowed with proportionate costs. Rs.5000/- Consortium Rs.15000/- Loss of Estate Rs.5000/- Enhanced Compensation Rs.6,98,200/-. Thus, the total compensation of Rs.4,50,000/-granted by the learned Member is now increased to Rs.6,98,200/-. The Appeal is therefore partly allowed with proportionate costs. Respondent nos.1 and 2 shall jointly and severally pay compensation and the enhanced compensation alongwith the interest at the rate of 9% per annum from the date of filing of the Application i.e. 02.04.2004 till the realization of the respective amount i.e. the amount awarded by the Tribunal and the amount increased by this Court, including the amount already paid towards the no-fault liability.