B C MISHRA Vs. YAMEEN

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation for the death of Ashutosh Mishra who was aged about 26 years at the time of the accident. THE Motor Accident Claims Tribunal (the Claims Tribunal) by the impugned judgment dated 29.07.2011 granted a compensation of Rs. 26,25,400/-.

(2.) THE Appellant's grievance is that for the purpose of computation of loss of dependency, all perquisites paid to the deceased like HRA, professional charges, medical reimbursement, bonus, etc. should have been taken into consideration. Reliance is placed on National Insurance Company Limited v. Indira Srivastava, (2008) 2 SCC 763.

(3.) ON an income of Rs. 3,39,200/- there would be liability of income tax amounting to Rs. 44,000/- for the Assessment Year 2008-09. The annual income of the deceased comes to Rs. 2,95,200/- (Rs. 3,39,200/- - 44,000/-).