PANNA LAL Vs. ANJIT KUMAR JHA

JUDGEMENT

(1.) The Appellant claims enhancement of compensation for the death of Smt. Tripta who was re-employed as a teacher in the MCD. The deceased at the time of the accident was getting a salary of Rs. 28,955/ - including Rs. 2160/- per month towards transport allowance. In addition, the deceased Smt. Tripta was also getting a pension of Rs. 6990/- per month. The Motor Accident Claims Tribunal (the Tribunal) by the impugned award dated 08.10.2010 held that only Appellant No. 3 Ms. Ritu was dependant on the deceased as she was handicapped. The husband and the son were not financially dependants. The Tribunal, therefore, took the deceased's net salary as Rs. 26,795/-, deducted 50% towards personal expenses of the deceased and computed loss of dependency for the period of 17 months of re-employment as Rs. 2,27,800/-. Thereafter, the Tribunal went on to add a sum of Rs. 2,52,000/- towards the loss of household services, which would have been rendered by the deceased after her retirement. A total compensation of Rs. 5,42,300/- was awarded.

(2.) At the time of hearing of the Appeal a short submission has been made by the learned counsel for the Appellants. It is submitted that the deceased had worked as a teacher all her life. Deceased was re-employed and would not have spent half of the amount which she would be earning towards her personal expenses, particularly when she had a" handicapped daughter (Appellant No. 3).

(3.) On the other hand, it is urged by the learned counsel for respondent No. 3 Bharti Axa General Insurance Company Limited that while computing the loss of income, no provision was made for payment of the income tax.