AI Structured Summary
Not yet generated for this judgment
Judgment
Radhakrishna Rao, J.—An Excise Constable, aged about 34 years, was proceeding on a Motor cycle to his office on 19-6-1983 at about 9 A.M. At that time the bus AAZ 2060 belonging to the Corporation going to Raichur with high speed with rash and negligent manner dashed against the Motor Cycle with the result, the constable sustained injuries and met with an instantaneous death. His wife, children and parents claiming a compensation of Rs. 2,63,469/- paise.
On a consideration of the evidence on record, the Tribunal rightly arrived at the conclusion that the R.T.C. bus alone was at fault and that finding has been confirmed.
With regard to the quantum of compensation, the learned counsel for the Corporation contended that the wife is getting a family pension and that pension has to be deducted. Pension is a deferred wage. The wife is getting the family pension by virtue of the service rendered by the deceased but not on account of the accident. Therefore, the pension or any other benefit that is being derived by the family members of an employee by virtue of his employment cannot be deducted from the quantum of compensation arrived at by the Tribunal.
At the time of the accident the deceased was working as a Head Constable in the Excise Department and he was only aged 34 years. He has got a very bright future in his service and there is every possibility for climbing higher posts in the department. Therefore, the grant of Rs.89,000/- in all to the wife, three minor children and parents cannot be said to be on the high side.
The appeal is accordingly dismissed. No costs.