BIMLESH TAAK Vs. HARI CHAND

JUDGEMENT

(1.) The Appellant seeks enhancement of compensation in respect of death of Ram Phal, who died in an accident, which took place on 7.11.2009. By impugned award the Tribunal granted overall compensation of Rs. 12,35,000. The Appellant's grievance is that a deduction of Rs. 1,500 towards income tax from monthly salary was wrongly made by the Tribunal. The number of dependents were 5 and, therefore 1/4th ought to have been deducted towards personal expenses of the deceased instead of 1/3rd taken by the Tribunal. The compensation awarded towards non-pecuniary damages i.e. loss of consortium, loss of love and affection is on lower side.

(2.) The deceased's salary was proved as Rs. 10,376 per month. In the salary slip deduction of Rs. 1,500 was shown towards advance/income tax. The income up to Rs. 1,50,000 was exempted from income tax for the assessment year 2009-2010. Therefore, the sum of Rs. 1,500 ought not to have been taken as deduction towards income tax by the Tribunal. It is true that there were 5 legal heirs of the deceased. Appellant Nos. 2 and 3 were the deceased's married sons and, therefore, they were rightly not considered as deceased's dependents by the Tribunal. Since, the deceased was proved to be 47 years of age in a settled employment. The Tribunal made 30% addition on account of future prospects and applied the multiplier of '13', which was justified. The dependency, thus, works out to be Rs. 10,376+30% x 12=Rs. 1,61,865 Rs. 1,000 (income tax on Rs. 1,61,865)=Rs. 1,60,865 1/3rd (towards personal expenses) x 13=Rs. 13,94,168.

(3.) The compensation under the head of loss of love and affection needs to be enhanced to Rs. 25,000. The compensation works out as under: <FRM>JUDGEMENT_5711_ILRDLH21_2011_1.html</FRM>