DHIRUBHA HIMMATSINH JADEJA Vs. DHARMAKUNVARBA HARDEVSINH ZALA

JUDGEMENT

(1.) BY way of this appeal, the present appellants-original opponents have challenged the judgement and award dated 15.04.1998, passed by the Motor Accident Claims Tribunal(Aux.), Kachchh at Bhuj in M.A.C.P. No.408 of 1990, whereby the tribunal has awarded compensation in the sum of Rs.5,99,000.00 to the applicant with costs and interest at the rate of 15% per annum from the date of filing of application till realization.

(2.) THE brief facts leading to filing of this appeal are that on 16.06.1990 one Hardevsinh Jilubha Zala was crossing the road, at that time the opponent no.1 came by driving Truck bearing registration No.GTY-6816 in rash and negligent manner and dashed Hardevsinh. As a result of the said accident, Hardevsinh sustained serious injuries and he died. Therefore, the legal heirs and representatives have filed claim petition being M.A.C.P. No.408 of 1990 before the Tribunal for compensation.

(3.) LEARNED counsel for the appellant has mainly contended quantum issue. The payslip of the deceased was produced before the Tribunal vide Exh.43 and as per that payslip the monthly income of the deceased was Rs.1539.40. The Tribunal decided the said claim petition in the year 1998 and while deciding the claim petition the Tribunal has considered revised pay-scale of the deceased and also considered the promotional avenues of the deceased and considering these factors the Tribunal has held monthly income of the deceased at Rs.3,600.00. Learned advocate for the appellants vehemently argued on the point that post death revision of pay is not allowed. He has relied upon the decision of Apex Court in the case of Oriental Insurance Company Limited v. Jashuben and Others, reported in (2008) 4 SCC 162, wherein the Apex Court has held that Courts below have committed illegality in taking into account the revised pay-scale as it is not a case where as on the date of death, the salary of the deceased was revised with retrospective effect.