KAMLESH AND OTHERS Vs. DEEN MOHD AND OTHERS

JUDGEMENT

(1.) Mr. Jan Singh, working as Electrical Technician with National Thermal Power Corporation (NTPC), then aged 50 years eight months, died in a motor vehicular accident that occurred on the night intervening 16-17.07.2003 due to negligent driving of truck bearing registration no.DL-1GA-6583, admittedly insured for third party risk with the third respondent (the insurer). The appellants, being the dependents family members of the deceased, instituted accident claim case (Suit No. 421/2003) on 18.07.2003. After having recorded satisfaction that the claim was made out on fault liability, the Motor Accident Claims Tribunal (the tribunal) awarded compensation in the total sum of Rs. 15,44,000/- with interest @ 9% per annum, it including Rs. 15,04,000/- towards loss of dependency, Rs. 10,000/- towards funeral expenses, Rs. 30,000/- as composite sum towards loss of love and affection and loss of consortium.

(2.) The appellants, by the appeal at hand, seek enhancement of the compensation, their grievances being that the award under pecuniary and non-pecuniary heads of damages are inadequate.

(3.) The tribunal noted the last drawn salary to be Rs. 37,090/-. This included leave encasement of Rs. 15,374/- Thus, the actual salary comes to Rs. 21,716/- per month. The annual salary would work out to (Rs.21,716/- x 12) Rs. 2,60,592/-. As per the decision in Sarla Verma (Smt.) and Ors. v. Delhi Transport Corporation and Anr., (2009) 6 SCC, 121 , the element of income tax liability will have to be deducted. Going by the rates of income tax applicable for the relevant period, the said income tax liability comes approximately to Rs. 50,000/-. Thus, the net annual salary would be (2,60,592/- - 50,000/-) Rs. 2,10,592/-.