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Judgment
Appellants have filed the present Misc. Appeal challenging the award dated 10.08.2010 passed in Claim Case No.16/2010 by Vth Motor Accident Claims Tribunal (Fast Track), Chhatarpur for enhancement of compensation amount. Learned Claims Tribunal has awarded compensation amount of Rs.7,96,144/-(Rs. Seven lakhs ninth six thousand one hundred forty four) alongwith interest @ 6% per annum from the date of application i.e. 01.01.2009.
Brief facts of the case are that on 10.11.2008, deceased Laxmichand Anuragi was going from Village Kaithokar to Khajuraho on his motorcycle bearing registration No. MP-16-B-6408. On Nowgaon-Chhatarpur Road, near Village Mawasi, a Pick-up vehicle bearing registration No. UP-93-T-0946, was being driven rashly and negligently, which hit his motorcycle, due to which he suffered serious injuries. He was taken to District Hospital, Chhatarpur for treatment. During course of treatment, he died. An offence was got registered against the respondent No.1 at Police Station Orchha Road. Thereafter, an application under Section 166 of Motor Vehicles Act was preferred by the appellants seeking compensation. Said application was partly allowed and award has been passed by the Claims Tribunal.
Counsel appearing for the appellants has raised two grounds in this appeal for enhancement of compensation amount : (i) learned Claims Tribunal has committed an error of law in taking net income into consideration and had not taken the gross salary minus statutory deductions as amount for assessment of compensation amount. (ii) 30% future prospects has not been granted to the appellants, though the deceased was a government servant and getting a fixed salary. Counsel appearing for the appellants relies upon the judgment of Apex Court reported in (2008) 2 SCC 763, National Insurance Co. Ltd. Vs Indira Shrivastava and others, in which, it has been held that 'benefit' means benefit for family as distinguished from personal benefits like conveyance allowance, etc. and said benefits also form part of income, however, tax payable is to be deducted. It was held that income of deceased will mean 'gross income minus statutory deductions.'
Counsel appearing for the respondent No.3-insurance company argued that there was contributory negligence on the part of the deceased and therefore, appellants are not entitled to any compensation. She further raised a ground that salary slip of the deceased was considered by the Claims Tribunal and there is no error in taking into consideration net salary of deceased for assessment of compensation amount. It is also argued on behalf of insurance company that there was no law at the time of accident to grant 30% towards loss of future income to the deceased.
Considered the rival submissions made by learned counsel for the parties.
PW-3 Shiv Sahay Singh Rajput produced salary slip of the deceased for the month of October, 2008 and had deposed before the Court that deceased was getting monthly salary of Rs. 14,357/- (Ex.P/4). This witnesses in his cross-examination agreed that there were deductions of Rs.6826/- from the salary and take home salary was Rs. 7511/-. Learned Claims Tribunal has calculated the compensation amount on net salary of deceased i.e. Rs. 7511/-. As per Ex.P/4, the details of salary of deceased is as under :
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Drawls Deductions Out of Account
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B P 10610 GPF(S) 6000 AIPU 10
D A 1826 PLI 796 WLF 10
H R A 1061 CGEGIS 30
T A 800
W A 60
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Total : 14357 6826 20
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Net Pay : Rs. 7531/-
(Rupees Seven Thousand Five Hundred Thirty One Only)
Take Home Pay : Rs. 7511/-
(Rupees Seven Thousand Five Hundred Eleven Only)
Accounts :
GPF Balance : Rs.3,88,372/-
As per the judgment of the Apex Court in National Insurance (supra), only tax is to be deducted from the salary and rest amount is to be taken as income of the deceased. In the present case, gross pay of the deceased was Rs.14357/-, which was not taxable. The Claims Tribunal had committed an error of law in calculating compensation on basis of net salary. The compensation ought to have been awarded on gross salary i.e. Rs. 14,357/-. Appellants are also entitled to get the benefit of future loss of income @ 30%.
Respondent No.3-insurance company has neither filed any cross objection nor any appeal against the award of the Claims Tribunal, therefore, contention raised regarding contributory negligence is rejected.
It is held that monthly income of deceased was Rs. 14,357/-, his annual income comes to Rs. 1,72,284/-. After reducing 1/3rd of the amount towards dependency, the dependency comes to Rs. 1,14,856/-. After multiplying this amount with relevant factor, as per the age of the deceased, the amount comes to Rs. 14,93,128/-. Further, the appellants are entitled to get Rs.1,94,106/- as loss of future prospects.
In view of above, the appellants are held entitled for total compensation of Rs.16,87,234/-. The Claims Tribunal has awarded an amount of Rs. 7,96,144/-, hence, the compensation amount is enhanced by Rs. 8,91,090/-, which will carry simple interest @ 6% per annum from the date of filing of appeal. Respondent No.3 is liable for payment of aforesaid amount in favour of the appellants.
With the aforesaid, misc. appeal stands allowed and disposed off.