LALITHA AND ORS. Vs. UDAY KUMAR AND ORS.

JUDGEMENT

(1.) THE appellants who are the wife and children of the deceased B. Srinivasulu, are before this Court seeking enhancement of compensation as against the sum awarded in MVC No. 987/2013.

(2.) THE facts relating to the accident having occurred and husband of the first claimant having succumbed to the injuries suffered in the said accident is not in dispute. The question for consideration herein is with regard to appropriate income to be reckoned for the purpose of calculating loss of dependency' and also the amount that is required to be awarded under the conventional heads.

(3.) THE law is well settled that from the net pay, only the amount which is indicated therein as statutory deduction could be deducted. In Ex. P9, an amount of Rs. 200/ - is indicated as deduction towards Professional Tax and no amount has been shown as deduction towards income tax. It is no doubt true that before the Tribunal, there was no material whatsoever to indicate the details with regard to the income tax and it is in that circumstance, the Tribunal has assumed that some amount is to be deducted towards income tax.