ICICI LOMBARD GENERAL INSURANCE CO. LTD. THROUGH ITS MANAGER Vs. SMT. DARSHNA W/O LATE SHRI SANJAY KUMAR AND ORS.

JUDGEMENT

(1.) THIS appeal has been filed against judgment dated 25th August, 2009, passed by Motor Accidents Claims Tribunal, Delhi (for short as 'Tribunal').

(2.) BRIEF facts of this case are that on 8th December, 2007, deceased Sanjay Kumar was travelling as a pillion rider on a motor cycle which was being driven by Rakesh Kumar. When they reached at Civil Lines Delhi, offending tuck bearing No. HR -37A -8885, driven at a fast speed and in a rash and negligent manner by respondent No. 5, hit against the motor cycle. As a result of the forceful impact, deceased fell down and was crushed under the truck, sustaining fatal injuries.

(3.) IT is contended by learned Counsel for appellant that at the time of accident, total gross salary of the deceased was Rs. 11,466/ - (Eleven thousand four hundred sixty six only) per month. As per new scale as applicable after Sixth Pay Commission, deceased would have received Rs. 16,924/ - (Sixteen thousand nine hundred twenty four only) per month if and when the Pay Commission recommendation are applied with retrospective effect. Tribunal ought to have taken amount paid towards income tax, which was liable to be deducted from the income and this aspect of the matter finds no mention in the impugned judgment.