RADHA MENON & ORS Vs. AMARJEET SINGH

JUDGEMENT

(1.) The present appeal has been filed by the appellants, who were claimants before the Tribunal, seeking enhancement of the amount awarded by the Tribunal. No other issue is involved in this appeal.

(2.) Brief facts relevant for the purpose of deciding this appeal are that Sh. Unnikrishnan Menon died in a roadside accident on 21st November, 1985 due to negligent driving of the bus in which he was travelling. At the time of his death, he was working as Assistant Finance Manager with Engineering Projects India Limited. His salary certificate brought on record shows that his gross salary at that time was Rs.3,210/- and his take home salary was Rs.2,484/-. The Tribunal awarded a total compensation of Rs.2,98,000/- on the basis of take home salary and awarded 12 per cent interest per annum.

(3.) It is urged by the appellants that it is the gross salary which should have been taken into account as it was not a case where some statutory deduction was being made which could not be counted as income to the deceased. The income of the deceased was below taxation limit. No income tax was being deducted. The other deductions like GPF, CPF, House Building Loan, etc. were part of his income and the Tribunal wrongly considered income after taking into account these deductions.