DELHI JAL BOARD Vs. MEENA ARORA

JUDGEMENT

(1.) THESE two Appeals arise out of a common judgment dated 08.03.2011 whereby a compensation of Rs.25,51,102/- was awarded in favour of the legal representatives of the deceased Ashok Arora, who died in a motor vehicle accident which occurred on 17.11.2008.

(2.) MAC APP 505/2011 has been filed by the Appellant Delhi Jal Board (DJB) who says that the compensation is exorbitant and excessive. It is stated that the deceased's income of Rs.2,29,193/- should not have been believed as the Income Tax Return for the Assessment Year 2008-09 was filed after the date of accident. Whereas MAC APP 534/2011 has been filed by the legal representatives of the deceased on the ground that the compensation awarded is too meager and low.

(3.) ON record that the deceased was carrying out business in the name and style of M/s. A.M. Metal Manufacturers. The Claimants proved ON record the ITRs for the Assessment Year 2006-07, 2007-08 and 2008-09 for Rs.1,92,847/-, Rs.2,15,000/- and Rs.2,29,193/- respectively. The ITRs for the Assessment Year 2006-07 and 2007-08 were filed before the date of death. These two ITRs show that there was gradual increase in the deceased's income. Thus, there was nothing unusual about the marginal increase in the income for the Assessment Year 2008-09. It is well settled that income of the deceased at the time of the accident has to be cONsidered to award compensatiON towards loss of dependency. The Claims Tribunal, therefore, rightly assessed the compensatiON ON the basis of the income for the AY 2008-09.