SOWBHAGYA, W/O. K. C. SURESH AND OTHERS Vs. H.G. CHANDRAMOULI. S/O. GURUBASAPPA. MAJOR. MOHINI MOTORS SERVICE, NEAR CHANNAKESHAVA TEMPLE. KELAGOTTE, CHITRADURGA CITY - 577 501 (OWNER OF THE LORRY BEARING REG.NO. KA- 16-A-8348) AND THE MANAGER, T

JUDGEMENT

(1.) THIS is claimants appeal seeking enhancement of compensation. The Tribunal has awarded compensation of Rs. 12,62,500/ - with interest. Unsatisfied with the same, claimants are before this Court.

(2.) THE claimants are the wife, daughter, son, father and mother of the deceased. The deceased was working as a Police Constable. He was drawing a salary of Rs. 10,924/ - per month. He was aged about 42 years at the time of the accident. The Tribunal has awarded compensation of Rs. 12,62,500/ -under the following heads: - <FRM>JUDGEMENT_3127_TLKAR0_2012.htm</FRM>

(3.) THE Apex Court distinguishing the judgement in the matter of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, AIR 2009 SC 3104 has held that in case the income of the deceased comes within the taxable limit, appropriate deduction has to be made towards tax. In the said case, the income of the deceased crossed Rs. 2,48,000/ -. It is in those circumstances, the Apex Court held that reasonable amount has to be deducted towards income tax.