BHAGWATI DEVI PATHAK Vs. AIRPORT DIRECTOR

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs. 8,10,000/- awarded for the death of Bhawani Dutt Pathak, who died in a motor vehicle accident which occurred on 16.03.1995.

(2.) DURING inquiry before the Motor Accident Claims Tribunal (the Claims Tribunal), it was claimed that the deceased was an ex serviceman; he owned one redline bus and two tempo which were financed by the Bank; he had an income of Rs.32,000/- per month and after paying installments of the loan, the deceased had a net income of Rs.5,000/- to 6,000/- per month.

(3.) IT is important to note that in the A.Y. 1994-95 when this accident took place, any income beyond Rs.35,000/- per annum i.e. Rs.3,000/- per month was taxable. Therefore, even if the deceased had net income beyond Rs.35,000/-, he was expected to file an Income Tax Return. He was entitled to deduction towards repayment of the loan taken towards purchase of the vehicles. Unfortunately, no documentary evidence as to the quantum of loan and the installments paid per month was produced by the Appellants. In the Claim Petition, the age of the eldest son was mentioned as 26 years. He was thus not financially dependent on the deceased's father.