URMILA YADAV Vs. CHAND NARAN JASUJA

JUDGEMENT

(1.) THE Appellant seeks enhancement of compensation of Rs. 18,75,408/- awarded for the death of Karan Veer Singh Yadav who died in an accident which occurred on 26.07.2006.

(2.) IT is not in dispute that the deceased was working as a Personal Assistant in Prime Minister's Office. Evidence has been led that he had good future prospects. The Claims Tribunal took the deceased's income to be Rs. 17,552/- on the ground that the deceased's actual income on the date of the death is to be taken into consideration. The Claims Tribunal misinterpreted the words "actual income of the deceased at the time of death" used in Sarla Verma & Ors. v. Delhi Transport Corporation & Anr, (2009) 6 SCC 121. If the salary is revised retrospectively, the revised salary on the date of death becomes the actual income. The certificate Ex.PW1/A shows that the deceased's salary on the date of the death was Rs. 19,380/- per month which comes to Rs. 2,32,560/-. The deceased had a liability to pay income tax amount to Rs. 19,200/- thereon. Considering his age i.e. 48 years, 30% addition was required to be made in the deceased's salary towards future prospects for the purpose of computing the loss of dependency. The loss of dependency thus comes to Rs. 24,03,856/- (Rs. 19,380 X 12 ? 19200 (Income Tax) + 30% X 13 X 2/3).

(3.) LOSS to Estate Rs. 5,000/- Rs. 10,000/- Total Rs. 24,58,856/-R Rs. 18,75,408/- 5. The overall compensation is enhanced from Rs. 18,75,408/- to Rs. 24,58,856/- which shall carry interest @ 7.5% per annum from the date of filing of the Petition till the date of payment.