SUSHMA SUDHAKAR KADAM Vs. WAMAN

JUDGEMENT

(1.) Heard. Admit. Heard finally. Record and proceedings is available, perused by the parties. The inadequate grant of compensation in M.A.C.P. No. 245 of 1994 by the learned Member, M.A.C.T., Jalgaon, made the claimants to rush to this Court.

(2.) Sudhakar, 55 was Deputy Manager in Union Bank of India at Pune with monthly salary of Rs. 10,210=50. He was the only earning member in the family. The claimant Nos. 2 to 4 are taking education. Claimant No. 1 is his widow. The claimants claim an amount of Rs. 10,00,000/- as compensation with interest. The learned Judge considered the income of the deceased as Rs. 5741=10 in the light of the evidence of Shri Jagtap, the Bank Officer, resultantly awarded an amount of Rs. 2,14,140/- payable by the respective respondents in proportion.

(3.) I need not to traverse to the factum of accident, same is not criticized by the respondents. The short controversy that rest is about the computation of income of the deceased Sudhakar. The certificate of salary of said Sudhakar produced before the learned Judge, illustrate that he had basic pay of Rs. 4910/-, medical allowance of Rs. 100/-, dearness allowance of Rs. 4691=55, H.R.A. of Rs. 5892=20, city allowance of Rs. 220/-. The total monthly emoluments was Rs. 10,510=75. Both the counsel accept that this extract of salary details of February, 1994 produced on record is not exhibited. I find substance in it. However, apart from above salary details, there is income tax return, in the form of acknowledgment from the Income Tax Office exhibit 79 showing the annual salary of deceased Sudhakar Bapurao Kadam as Rs. 94,922/-. At exhibit 80, salary is shown Rs. 89,490/-. At exhibit 81, salary is shown as Rs. 1,01,108/-. Drawing mean of the annual income, it comes to annually Rs. 95173.33. Total annual income by multiplier of five, comes to Rs. 4,75,866.67. From this annual income, an amount of Rs. 1,58,622.22 is to be deducted as 1/3rd to meet the medical expenses of the deceased. Ultimately, the annual income of the deceased needs to be assessed at Rs. 3,17,244.45. The deceased was having a valid service tenure of further 5 years even if he was of 55 years. The multiplier of 5 needs to be applied as the widow is getting pension amount instead of applying multiplier of 8 indicated in terms of Section 163A of Motor Vehicles Act, as the deceased having left behind him the legacy of dependency and short earning by way of pension. No award is made on account of sufferings or loss of future income.