NEW INDIA ASSURANCE CO LTD Vs. PRATIBHA SHRIVASTAVA

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 28,70,000 has been awarded to claimants-respondent Nos. 1 to 3.

(2.) THE accident dated 2.11.2004 resulted in the death of Satish Kumar who was walking on foot near Tikona Park, DTC Pass Office, Main Road, Rani Market, Delhi when the offending bus bearing No. DL 1PA-7836 hit the deceased resulting in fatal injuries.

(3.) AT the trial, widow of the deceased appeared as PW 1 and proved the ration card Exh. PW1/1, F.I.R., Exh. PW1/2, the driving licence, Exh. PW1/3, driver badge, Exh. PW1/4, the registration cover, Exh. PW1/5, insurance certificate, Exh. PW1/6, post-mortem report, Exh. PW1/7, death certificate, Exh. PW1/8 and date of birth certificate, Exh. PW1/9. PW 1 deposed that the last drawn salary of the deceased at the time of accident was Rs. 12,250 in the scale of Rs. 5,500-175-9,000 as per Exh. PW1/10. She further deposed that deceased had opted for government accommodation in lieu of 30 per cent HRA amounting to Rs. 3,026. The service confirmation letter regarding the pay scale dated 19.11.2003 was exhibited as Exh. PW1/11. 5.1. PW 1 has further deposed that her husband was eligible for getting upgrada- tion of his salary under the ACP Scheme (Assured Career Progression Scheme) for Central Government civilian employees after 12 years of service in the grade of Rs. 6,500-200-10,500 on first upgradation and in the scale of Rs. 7,500-250-12,000 on second upgradation. The witness proved the office order dated 18.1.2005 issued by the Directorate of Education, Government of NCT of Delhi as Exh. PW1/12. The deceased was entitled to the first upgradation on 17.12.2008. 5.2. PW 1 further deposed that deceased was 100 per cent blind and was, therefore, entitled to avail free travel facility in city buses and had 100 per cent tax benefits under section 88 (4) of the Income Tax Act, 1961. The disability certificate was proved as Exh. PW1/13. The identity card issued by the Directorate of Social Welfare, Delhi Administration, showing the complete blindness of the deceased was exhibited as Exh. PW1/14. 5.3. PW 1 has further deposed that the claimants were staying in the government accommodation allotted to the deceased in lieu of the 30 per cent HRA and after his death they have to vacate the government accommodation and shift to rented accommodation which would not be available for less than Rs. 5,000 to Rs. 6,000 per month and, therefore, the HRA should also be added in the salary of the deceased for the purposes of computation. PW 1 further stated to have spent Rs. 50,000 on the treatment of the deceased from the date of the accident, i.e.. 2.11.2004 up to the date of the death on 9.11.2004. 5.4. PW 1 was not cross-examined by the appellant on material particulars except a suggestion that the documents pertaining to age and income were not genuine and the amount of expenditure on the treatment of the husband was not correct and that she had wrongly deposed about the future prospects of the husband.