GAJRAJ SINGH Vs. BALRAJ SINGH

JUDGEMENT

(1.) THE appellants in this appeal are the parents of Sanjeev Singh Chauhan, who was fatally injured in a motor vehicle accident on 22nd May, 1995 caused by bus No.DL-1P-5426. THE respondent No.1 is the driver of the offending bus, the respondent No.2 is the owner and the respondent No.3 is the insurer, which has not disputed the fact that the offending vehicle was duly insured with it at the time of the accident.

(2.) THE learned Motor Accident Claims Tribunal after considering the evidence on record passed an award of ' 2,69,600/- in favour of the appellants No.1 and 2 with interest at the rate of 6% per annum from the date of the filing of the petition till realization. Aggrieved therefrom, the appellants have filed the present appeal for enhancement of the award amount.

(3.) IN support of his first contention, Mr. Goyal has relied upon a recent judgment of the Hon'ble Supreme Court rendered in Civil Appeal No.5316/2010 [arising out of SLP(C) No.668/2008] Shyamwati Sharma and Ors. vs. Karam Singh and Ors.] dated 13th July, 2010 wherein the Supreme Court clarified that while ascertaining the income of the deceased any deductions shown in the salary certificate as deductions towards GPF, Life INsurance premium, repayment of loans, etc. should not be excluded from the income of the deceased. The Court further clarified that the deduction towards income- tax/surcharge alone should be considered to arrive at the net income of the deceased.