NISHA DEVI Vs. KRISHNA AVTAR

JUDGEMENT

(1.) The Appellants seek enhancement of compensation of 15,86,870/- awarded for the death of Mahesh Kumar who died in a motor accident which occurred on 31.10.2007. Mahesh Kumar was aged about 36 years and was employed in Delhi Police as a Constable. His gross salary on account of the revised Pay Scale on implementation of the Sixth Pay Commission w.e.f. 01.01.2006 on the date of his death i.e. 31.10.2007 was 15,092/-.

(2.) It is agreed by the parties that transport allowance, washing allowance and conveyance allowance totaling 160/- being personal to the deceased were liable to be deducted towards the payment made as they were incidental to his employment.

(3.) Considering the number of dependents to be five on the date of the accident and thus making deduction of one-fourth towards personal and living expenses, excluding 1937/- from the liability towards income tax (being House Rent Allowance), the loss of dependency comes to 29,56,230/- ( 14,932/- x 12 - 4,000/- (income tax) + 50% x 3/4 x 15).