RADHIKA Vs. SALEEM

JUDGEMENT

(1.) THE appellants/claimants are before this Court seeking enhancement of the compensation as against the sum awarded in MVC No. 341/2012.

(2.) THE fact relating to the accident having occurred on 09.04.2011 and the husband of the first claimant i.e., father of the second claimant, who was the son of the claimants 3 and 4 having died in the said accident is not in dispute. The fact that the deceased was employed in the Hubli Urban Co -operative Bank Ltd., Hubli is also not in dispute, since the said fact has been established by producing the document at Ex. P14. The salary certificate indicated, the salary of the deceased at Rs. 17,430/ -. The Tribunal while reckoning the compensation under the head loss of dependency has considered the net salary at Rs. 12,610/ - and has accordingly calculated the compensation.

(3.) IN the light of the said contention, the only aspect that is required to be considered is the actual salary that was being drawn by the deceased, whether such employment was a permanent employment due to which there would have been increase of salary and the nature of deduction that is permissible in law for the purpose of reckoning the salary for consideration. In that regard, we have perused the salary certificate at Ex. P14. Apart from the amount of Rs. 200/ - towards professional tax, all other amount which is indicated as deductions in the salary certificate are the benefits derived by the deceased towards provident fund and such other benefits. Hence, the amount towards professional tax alone could have been deducted from the gross salary for the purpose of calculation. If accordingly, a sum of Rs. 200/ - is deducted, the salary which should be reckoned for the purpose of calculation would be Rs. 17,230/ -. The Tribunal thereafter, while considering the rival contentions has taken note of the evidence tendered through PW2 and also the documents at Exs. P10 to P13 and a finding has been recorded that the deceased was a permanent employee of the Hubli Urban Co -operative Bank Ltd., Hubli. When such finding has been rendered and the age of the deceased was 40 years at the time of death, certainly there was future prospect by way of increments in the salary as also promotion. In that view, the amount at 30% is required to be added to the salary for the purpose of calculation. In the instant case, since we have reckoned the salary at Rs. 17,230/ -, 30% to be reckoned would be in a sum of Rs. 5,169/ -. Hence, the total salary that should be reckoned for the purpose of calculation would be in a sum of Rs. 22,399/ -.