SADHANA Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) The present appellants, who are the original claimants, have filed this appeal for enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Jalna (hereinafter referred to as the 'learned Tribunal') in Motor Accident Claim Petition No. 123/2001 vide judgment and award dtd. 6/9/2003. During pendency of this appeal, the appellant Nos.4 and 5, who are the parents of deceased Subhash, died and therefore, their names were deleted since the other dependents of deceased are already on record.

(2.) The brief faces giving rise to the present appeal are as under :

(3.) The learned Counsel for the appellants ' claimants submits that the Hon'ble Apex Court has already settled that except the deduction towards income tax and professional tax, no other deductions are permissible while computing the amount of compensation and therefore, such deduction to the extent of 50% from the salary of deceased was therefore an error apparent on the part of the learned Tribunal. He further submits that the appellants are also entitled for future prospects and consortium amount as observed in the subsequent judgments of the Hon'ble Apex Court. The learned Counsel for the appellants admitted that the award passed by the learned Tribunal has already been satisfied. In support of his submission, he relied on the following judgments :