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Uttarakhand High Court · body

2017 DIGILAW 213 (UTT)

MANJU RANI v. SANJEEV KUMAR NEGI

2017-04-06

SERVESH KUMAR GUPTA

body2017
JUDGMENT Hon’ble Servesh Kumar Gupta, J. This is the appeal for enhancement preferred by the claimants/dependants of the deceased Satish @ Satyam Sharma. Claim petition no. 98/2010 was instituted claiming compensation of Rs. 10,30,000/-, whereagainst Rs. 3,04,000/- was awarded. Accident occurred on 28.5.2010 at 7.30 PM in Haridwar city when Satyam, the sole bread earner, was dashed by MAX Jeep No. UK12TA-0271. Satyam was on his moped. He breathed his last while on way to the hospital. He was running in the age group of 53-54 years. 2. Learned Trial Court has evaluated the compensation on the notional base income because it could not accept the certificate of the employer ITL Lab Private Limited based in Delhi manifesting the salary of the deceased to be Rs. 71,500/- which he got in the Financial Year 2009-10. This certificate has been proved by the PW3 Lal Singh Yadav, who has deposed that the certificate so issued by the company has been duly signed by the authorised signatory Ajay Kumar, Accountant. 3. I feel that such certificate must have been appreciated by the learned Trial Judge. However, at the same time, instead of 1/4th, 1/3rd should have been deducted towards the personal expenses. 4. So, on the basis of this certificate, the base income of the deceased is evaluated as Rs. 71,500/- per annum. After deducting 1/3rd, viz. Rs. 23,833/-, the amount comes to Rs. 47,667/-. On applying the multiplier of 11, the compensation is calculated as Rs. 5,24,000/-. The amount awarded on the score of consortium and funeral expenses, i.e. Rs. 5,000 and Rs. 2,000 respectively, are left intact. Thus, the total compensation comes to Rs. 5,31,337/-. Claimants shall be entitled to get simple annual interest @ 6 per cent on the difference of amount with effect from the date of institution of the petition. 5. Appeal stands allowed in above terms. Impugned judgment is modified to the extent indicated above. The difference of amount shall be deposited within four weeks before the Tribunal concerned, which, in turn, shall immediately release the same in favour of the claimants without asking for any surety/security. 6. Let the LCR be sent back.