MAHESH KUMAR Vs. RAJESH

JUDGEMENT

(1.) This appeal is filed by the claimants under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation against the award dated 18th July, 2008 passed by Member, Motor Accident Claims Tribunal, Indore in Claim Case No. 21/2007 whereby, learned Claims Tribunal has awarded a sum of Rs. 5,45,977 as compensation.

(2.) The other findings pertaining to involvement of the vehicle and liability of Insurance Company are not in dispute.

(3.) It is submitted by learned Counsel for the appellants that on the date of accident, the deceased was working as Forest Guard and his salary was Rs. 5,205 per month. The DPF amount of Rs. 400 and GIS amount of Rs. 100 were wrongly deducted by the Claims Tribunal while computing the income of the deceased. It is further contended that as per Exhibit P/2, the salary sheet, the deceased was getting Rs. 5,205 per month. This fact is supported by statement of Mr. Jagdish Dubey (AW-1). The said witness in para 2 of his statement has very categorically stated that at the time of death, 32 years service period of deceased was left and he would have been promoted up to the post of Dy. Ranger. It is also not in dispute that after Sixth Pay Commission, the salary was revised w.e.f. 1st January, 2006. After revision of pay-scale, salary of Forest Guard is approximately 11,000 to 12,000 per month. In the case of Sarla Verma v. Delhi Transport Corpn., 2009 ACJ 1298, the Apex Court after considering the case of General Manager, Kerala State Road Transport Corpn. v. Susamma Thomas, 1994 ACJ 1, observed that an addition of 50 per cent of actual salary to the actual salary income of the deceased towards future prospects, where the deceased had a permanent job and was below 40 years. The addition should be only 30 percent if the age of the deceased was 40 to 50 years. There should be no addition where the age of the deceased is more than 50 years. Where the deceased was self-employed or was on a fixed salary (without provision for annual increments, etc.), the Courts will usually take only the actual income at the time of death.