UCHIMAHALI Vs. NATARAJAN

JUDGEMENT

(1.) Not satisfied with the quantum of compensation of Rs.18,75,000/- awarded by the Tribunal, the claimants have filed this appeal challenging the judgment and decree dated 29.12.2011 made in MCOP.No.559 of 2011 on the file of the Motor Accident Claims Tribunal, (Fast Track Court No.2), Tirunelveli.

(2.) The only contention made by the learned counsel for the appellants is that the Tribunal ought to have made 1/4th deduction towards the personal expenses of the deceased as per Sarala Verma's case since the number of dependants is 4 and if it is done, the compensation towards loss of income would be more.

(3.) The deceased was working as a Head Constable and earned Rs.20,152/- per month. After adding 25% of salary towards future prospects as per the Supreme Court judgment in National Insurance Company Limited vs. Pranay Sethi and others (Special Leave Petition(Civil)No.25590 of 2014 dated 31.10.2017), the monthly income works out to Rs.25,190/-(Rs.5038(25% of Rs.20,152/-) + Rs.20,152). If 1/4th of income is deducted towards the personal expenses of the deceased as per Sarala Verma's case, then it comes to Rs.18,893/- and the annual income works out to Rs.2,26,716/- (Rs.18,893x12), in which, upto Rs.1,60,000/- there is no income tax deduction and from Rs.1,60,001/- to Rs.5,00,000/-, 10% of income has to be deducted towards income tax. If it is done, the amount to be deducted towards income tax would be Rs.6,672/- (Rs.2,26,716 - 1,60,000 = Rs.66,716/- x 10/100=Rs.6,672/-). After deducing Rs.6,672/- towards income tax and applying 13 multiplier, the loss of income works out to Rs.28,60,572/-. However, in the memorandum of appeal, the appellants have restricted their claim to Rs.10,00,000/-. Therefore, a sum of Rs.10,00,000/- is awarded in addition to Rs.18,75,000/- awarded by the Tribunal.