SANTOSH KHANDELWAL Vs. ABBAS

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs. 13,60,588/- awarded for the death of Ravi Shankar aged 34 years who died in a motor accident which occurred on 05.08.2008.

(2.) DURING enquiry before the Claims Tribunal it was claimed that the deceased was running a General Merchant Shop in the name and style of M/s Khandelwal Provision Store. He was an income tax assessee for the last five years. His Income Tax Return filed for the assessment year 2008-09 for an income of Rs. 1,30,529/- was not believed on the ground that this was filed after the deceased's death. On the income of previous year i.e. Rs. 1,07,549/-, the Claims Tribunal deducted 1/4 th towards personal and living expenses adopting multiplier of 16 to compute the loss of dependency.

(3.) THE Appeal is bound to succeed on both the grounds.