NEW INDIA ASSURANCE CO LTD Vs. MAHENAZ

JUDGEMENT

(1.) THE appeal is for reduction of compensation of Rs.14,86,200/ - awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Azizuddin, who died in a motor vehicular accident which occurred on 22.06.2003 at about 7:20 a.m.

(2.) THE Claims Tribunal took the salary of the deceased as Rs.7,609/ - p.m. as per the salary certificate Ex.PW3/A produced by the Respondents and the salary slips Exs.PW4/DA and DB, added 50% towards future prospects, deducted 1/3rd towards personal and living expenses and applied the multiplier of 16 as per the age of the deceased (32 years) and computed the loss of dependency as Rs.14,59,200/ -.

(3.) IT is urged by the learned counsel for the Appellant that instead of taking gross salary, only net salary which was payable to the claimants ought to have been considered; deceased Azizuddin was being paid a sum of Rs.2,975/ - as conveyance allowance which ought to have been deducted from the salary and since there was no evidence of future prospects, the Claims Tribunal erred in granting future prospects to the extent of 50%.