ORIENTAL INSURANCE CO LTD Vs. BHARATI DEBBARMA; RITA DEBBARMA; ASHOK DEBBARMA; SAMARESH DEBBARMA; AMARESH DEBBARMA

JUDGEMENT

(1.) This appeal by the Oriental Insurance Company Limited is directed against the award dated 12.01.2010 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in T.S(MAC) No.321 of 2008 whereby the Tribunal awarded a sum of Rs.19,13,376/- along with interest @ 6% per annum in favour of the claimants.

(2.) In this appeal the insurance company has been raised two issues. The first issue is that the income of the deceased had wrongly been assessed at Rs.16,773/- per month whereas the income was only claimed to be Rs.12,743/- per month. The next contention is that addition of 30% for future prospect is in total violation of the law laid down in Sarla Verma(Smt.) and Others Vrs. Delhi Transport Corporation and Another, 2009 6 SCC 121.

(3.) As far as the income of the deceased is concerned, the claimants themselves in the claim petition claimed the income of the deceased at Rs.12,743/- per month but also claimed that being a Constable he was entitled to thirteen month salary in a year. The salary certificate which has been placed on record also shows that the total emoluments of the claimant was only at Rs.12,743/-. It appears that Rs.4210/- was being deducted on account of GPF, General Insurance, Professional Tax etc. and it appears that the deductions have been added to the total income while computing his salary. This is wholly illegal. The income was Rs.12,743/-, out of this Rs.180/- being paid as Professional Tax had to be deducted which would mean that the disposable income would be Rs.12,563/- per month or Rs.1,63,319/- per year by taking into consideration the fact that in Tripura employees of the Police Department from Constable to SubInspector are paid one month extra salary.