IFFCO TOKIO GEN INS CO LTD Vs. SHEELA

JUDGEMENT

(1.) THERE is twin challenge to the judgment dated 30.07.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.43,75,500/ - was awarded for the death of Jai Bhagwan, who died in a motor vehicular accident which occurred on 14.05.2007 at 10:45 a.m.

(2.) IT is stated that the income tax on the income ought to have been deducted before computing the loss of dependency and that there should have been deduction of 1/5th towards personal and living expenses in view of the authoritative pronouncement in Sarla Verma (Smt.) and Ors. v. Delhi Transport Corporation and Anr., 2009 6 SCC 121.

(3.) ON the other hand, the learned counsel for the Respondents support the impugned judgment and urges that the Claims Tribunal relied upon Santosh Devi v. National Insurance Company Ltd. and Ors., 2012 6 SCC 421 to deduct 1/10th towards personal and living expenses. It is urged that compensation awarded towards loss of love and affection was on the lower side and no compensation was awarded towards loss of consortium.