UTTARAKHAND TRANSPORT CORPORATION Vs. ROHIT KUMAR

JUDGEMENT

(1.) NONE for the appellant even in the revised list. Present appeal is filed against the judgment and order dated 22.09.2010 passed by MACT / Additional District Judge, Haridwar in MACP No. 135 of 2008. Claimants have filed cross objection under Order 41 Rule 22 CPC for enhancement of the compensation.

(2.) BRIEF facts of the present case are that on 27.07.2008 at about 09.00 p.m., Sanjeev Rajput, husband of respondent no. 3 was coming back to his house via Laksar Road. All of a sudden, bus no. UA 07 U 2997 crushed Sanjeev Rajput and Sanjeev Rajput succumbed to his injuries. Driver of the bus was driving the bus rashly and negligently. Sanjeev Rajput was working as Accountant in a firm namely V.K. J. Builders and Contractors Private Ltd. wherein he was getting monthly salary of Rs. 8520/ - wherefrom Rs. 780/ - per month were being deducted as EPF. Therefore, learned Tribunal, after deducting the EPF amount from his monthly salary, has assessed his monthly income as Rs. 7740/ -. Having calculated his annual income and by applying the multiplier of 16, the Tribunal has assessed the amount of compensation as Rs. 9,90,720/ -. The Tribunal 2 has also granted compensation under the heads of funeral expenses and loss of consortium amounting to Rs. 2,000/ - and Rs. 5,000/ - respectively.

(3.) I find force in the submissions of Ms. Vijay Laxmi, Advocate for the claimants, that the Tribunal ought to have considered the entire monthly income @ Rs. 8520/ - for assessment of compensation and should not have deducted the EPF amount from the monthly income simply because ultimately, EPF amount would have been received by Sanjeev Rajput after his retirement. Therefore, in my considered opinion, monthly income of Sanjeev Rajput ought to have been assessed @ Rs. 8,520/ - per month. Therefore, his annual income would have come to Rs. 1,02,240/ and after deducting the 1/3rd from his annual income, on account of his personal expenses, his annual income would have come to Rs. 68,160/ - and applying the multiplier of 16, amount of compensation would have come to Rs. 10,90,560/ -. Therefore, appeal filed by the appellant is dismissed for non prosecution. However, cross objection filed by the claimants is allowed. Impugned awarded dated 22.09.2010 stands modified to the extent that appellant shall pay compensation of Rs. 10,90,560/ - to the claimants along with simple interest @ 6% per annum from the date of filing of cross petition before the Tribunal till the date actual payment is made. Amount of compensation awarded under the heads of funeral expenses and loss of consortium shall remain intact.