Research › Search › Judgment

J&K High Court · body

2017 DIGILAW 56 (JK)

Yasar Arafat v. Balbir Prasad

2017-02-07

RAMALINGAM SUDHAKAR

body2017
JUDGMENT : 1. The Appeal is of the year 2009. 2. It is a case of fatal accident. 3. The Appellant-claimants have filed the appeal seeking enhancement of compensation granted in this case by the Motor Accidents Claims Tribunal, Jammu vide award dated 30.01.2009. 4. In this case, accident happened on 03.03.2004. Noor Ahmed aged 32 years old, government teacher, was driving a Scooter bearing registration No. JK02T-3092 and was proceeding from village Dewal to his place of work, when a Matador bearing registration No. JK08A-0787 coming from opposite direction being driven rashly and negligently by its driver, hit him, as a result of which, he received multiple injuries. He was immediately shifted to SDH Billawar where he was declared dead. 5. On his death, two minor sons and two minor daughters aged 13, 09, 11 and 06 years are the claimants. The Tribunal, on the basis of evidence of Jagdish Sharma, fixed the income of the deceased, a government teacher, at Rs.3944/- which is apparently a mistake on record. As per salary certificate, the salary of the deceased is as follows :- 1. Basic Pay Rs.4600.00 2. D.A. Rs. 2714.00 3. HRA Rs. 230.00 4. MA Rs. 100.00 Total pay Rs. 7644/- 6. learned counsel for the Appellants-claimants stated that if at all any deductions were made it was made on account of some loan or other advances that would have been taken as income of the deceased. The only issue is as to whether there is any deduction towards income tax. That has not been properly explained in the salary certificate. The income of the deceased as per salary certificate is Rs.7644/- and not Rs.3944/- as has been fixed by the Tribunal. To that extent, the appeal is justified. 7. In this case the deceased was 32 years old at the time of accident. He was a Government Teacher. He was entitled to future prospects in terms of paragraph 24 of the judgment rendered by Hon’ble Supreme Court in case titled Sarla Verma v. Delhi Transport Corpn. And Anr., reported in 2009 (6) SCC 121 . Therefore, 50% income has to be added as a result, the income of the deceased will be Rs. 7644+3800=Rs.11,466/-. Accepting that there should be a deduction towards income tax, as pleaded by Mr. Vishnu Gupta, it comes to Rs. 25,000/- approximately. And Anr., reported in 2009 (6) SCC 121 . Therefore, 50% income has to be added as a result, the income of the deceased will be Rs. 7644+3800=Rs.11,466/-. Accepting that there should be a deduction towards income tax, as pleaded by Mr. Vishnu Gupta, it comes to Rs. 25,000/- approximately. After deducting income tax, the annual pecuniary loss will be Rs.11466 x 12=Rs.1,37,592-Rs.25,000/- = Rs.1,12,592/-. From this 1/4th i.e., 28,148/- should be deducted towards personal expenses of the decease, as there are four dependents. The annual pecuniary loss to the dependents will be Rs.1,12,592/- - Rs.28,148/- = Rs.84,444/-. On the death of 32 years old teacher, the appropriate multiplier will be 16, as per paragraph 42 of Sarla Verma’s case (supra). Therefore, the total pecuniary loss to the dependents will be Rs.84,444 x 16 = Rs.13,51,104/-. 8. In this case, the Tribunal adopted the multiplier 15 and granted the following compensation along with interest @ 7.5% from the date of filing of claim petition till realization:- 1. For loss of dependency. Rs.7,09,920/- 2. For funeral expenses. Rs.15,000/- Total Rs.7,24,920/- It is pleaded that Rs. 15,000/- has been granted towards funeral expenses and no amount has been granted for the loss of love and affection to the minor children. Even no amount has been granted for loss of estate. 9. One of the points raised by learned counsel for the respondents is that the deceased being a teacher would be entitled to the benefit of family pension equivalent to the last drawn pay. But in this case, the deceased has less than seven years service and therefore the said plea has no implication. 10. Each one of the minor children will be entitled to Rs. 40,000/- for loss of love and affection on the death of the father. The claimants will also be entitled to Rs. 20,000/- for loss of estate because the deceased was a teacher and was 32 years old at the time of death. 11. Therefore, the award of the Tribunal is enhanced and the claimants are entitled to the following compensation:- S.No. Heading Award of the Tribunal Modified award 1. For loss of Dependency Rs. 7,09,920/- Rs. 13,51,104/- 2. For funeral expenses. Rs. 15,000/- Rs. 15,000/- 3. For loss of love and affection to two minor children. Nil Rs. 1,60,000/- 4. For loss of estate. Nil Rs. 20,000/- Total Rs. 7,24,920/- Rs. For loss of Dependency Rs. 7,09,920/- Rs. 13,51,104/- 2. For funeral expenses. Rs. 15,000/- Rs. 15,000/- 3. For loss of love and affection to two minor children. Nil Rs. 1,60,000/- 4. For loss of estate. Nil Rs. 20,000/- Total Rs. 7,24,920/- Rs. 15,46,104/- The interest @ 7.5% p.a. awarded by the Tribunal stands confirmed. Respondents are directed to deposit the entire compensation within eight weeks less the amount if any paid already with interest @ 7.5% p.a. The apportionment of compensation shall be in the manner as has been held by the Tribunal. 12. The appeal is allowed as above.