KUSUM JUGRAM Vs. SANJU BORO

JUDGEMENT

(1.) THE Appellants who are the legal heirs of the deceased J.P. Jugran impugns the judgment dated 05.07.2004 whereby a compensation of Rs. 12,86,900/- was awarded for the death of the deceased, who died in an accident, which took place on 08.01.2002.

(2.) THE deceased was working as a Deputy Manager (Sports) with M/s. Bongaigaon Refinery and Petro Chemicals Ltd. and was getting a salary of Rs. 30,635/- in the pay scale of Rs. 16,000/- to 20,000/-. THE Motor Accident Claims Tribunal, (the Tribunal) took Rs. 20,000/- as the deceased's income after excluding the tax and allowances, added 50% towards the future prospects, deducted one-third towards the personal expenses and applied the multiplier of '14' to compute the loss of dependency as Rs. 33,60,000/-. THE overall compensation of Rs. 33,85,000/- was computed.

(3.) A perusal of the Pay Certificate Ex.PW-1/22 reveals that various allowances including DA, constituted a component of about Rs. 10,000/-. It is well settled that all perquisites which are part of the salary have to be included for the purpose of computation of loss of dependency.