RELIANCE GENERAL INSURANCE CO LTD Vs. LEELA WATI

JUDGEMENT

(1.) The Appellant Reliance General Insurance Company Limited impugns the judgment dated 02.06.2010 passed by the Motor Accident Claims Tribunal, (the Tribunal) whereby a compensation of Rs. 44,52,100/- was awarded on account of the death of Ram Nayak Mishra, who was working as an Air Conditioning Engineer in Northern Railways and was aged about 59 years at the time of the accident. The sole contention raised on behalf of the Appellant is that the actual income of the deceased is to be taken into consideration to compute the loss of dependency. A large component in the salary was for overtime which was not regular income and therefore, could not have been taken into account.

(2.) Per contra, learned counsel for the Respondents/Claimants submits that the deceased was working as an Air Conditioning Engineer in the Indian Railways, the overtime allowance was regularly being paid to the deceased and the same was rightly considered by the Tribunal.

(3.) To know the exact nature of the allowance being paid, this Court by order dated 31.10.2011 directed examination of the competent officer of the Northern Railways to prove the deceased's salary. Consequently, statement of Raj Kishore, Assistant Divisional Finance Manager was recorded, who proved that the salary for the month of September, 2008 was Rs. 54,117/- which included a component of Rs. 33,535/- towards the overtime, Rs. 1908/- towards travelling allowance and Rs. 696/- towards the transport allowance. Similarly, in the salary for the month of November, 2008, which was paid in December, 2008, a sum of Rs. 35,997/- was paid as the overtime allowance; Rs. 3016/- towards the transport allowance and Rs. 3582/- as travelling allowance. The witness stated that the travelling allowance as mentioned in the breakup of the salary pertains to the journey undertaken by him during the course of the employment. The salary chart Ex. 'C' to 'G' for the month of July to November, 2008 was filed. Another certificate Ex. 'A' showing the gross amount and the net amount paid to the deceased was also proved. The witness also deposed that the Railway accommodation is to be vacated by the family of the deceased employee after the prescribed period under the Rules.