SAJEEDA BANU Vs. U. GANESHA RAYA

JUDGEMENT

(1.) HEARD Sri. MaheshKiran Shetty, learned counsel appearing for appellants and Sri. O. Mahesh, learned counsel appearing for respondent No. 3. Notice to respondents 1 and 2 has been dispensed with by order dated 11.08.2014. Since accident is of the year 2005, by consent of learned advocates appearing for the parties, appeal is taken up for final disposal.

(2.) THE only point that arises for consideration in this appeal is as to whether the Tribunal was justified in construing the income of the deceased @ Rs.9,510/ - per month despite he being on a permanent salary working as Assistant Teacher in a Government Primary School as evidenced from the salary certificate Exhibit P -6 and his salary being Rs.12,121/ - per month

(3.) HAVING heard the learned advocates appearing for the parties and on perusal of the salary certificate Exhibit P -6 dated 18.01.2005, certified copy of which is made available by Sri. Maheshkiran Shetty, learned counsel appearing for appellants during the course of arguments would indicate that deceased was earning Basic salary of Rs.7,200/ - and also drawing Dearness Allowance of Rs.4,608/ -, HRA Rs.288/ -, Medical allowance Rs.25/ -, in all his Gross salary of Rs.12,121/ - per month. Deduction as reflected in Exhibit P -6 would indicate that a sum of Rs.2,614/ - was being deducted under various heads. The only head under which deduction was required to be considered by the tribunal from the income of deceased related to exclusion of professional tax. Tribunal committed a serious error in deducting other amounts from the salary of deceased which was towards group insurance, life insurance and other deductions. Thus tribunal was not justified in awarding compensation by construing the income of the deceased at Rs.9,510/ -. As such compensation awarded by the tribunal towards loss of dependency' being erroneous requires to be redetermined or recomputed by taking into consideration Exhibit P -6 which indicates the last drawn salary of the deceased was Rs.12,121/ - per month and after deducting professional tax which was to the tune of Rs.150/ - per month net salary which dependants have lost is Rs.11,971/ - per month.