SAVITRI DEVI Vs. RAVINDER

JUDGEMENT

(1.) THE appeal is for enhancement of claim brought at the instance of the parents of the deceased for compensation as assessed for the death of a male aged 30 years plus. He was working in the Indian army as a Sepoy, earning Rs.15,436/ -. The Tribunal assessed the compensation at Rs.22,42,848/ -. While granting compensation, it has duly factored the prospect of 30% increase, but made a deduction of 30% as a component of income tax. After determining the compensation, the parents had been awarded Rs.2 lakhs each and rest of the amount has been directed to be made to the wife and the minor son.

(2.) AS regards assessment of loss of dependence, I find that the deduction made at 30% for an income with prospective increase of Rs.23,100/ - is on the higher side. I take an average income tax to be 15%, take the multiplier as already applied by the Tribunal and assess the contribution to the family. Though father is not a legal heir under the Hindu Succession Act, in the presence of the mother of the deceased, social conditions dictate differently and the Motor Vehicle Act provides for not only to the legal heirs but it also gives wider expression through the term legal representatives. The Tribunal has assessed Rs.2 lakhs each for the parents and the counsel pleads that at least 1/4th of the amount shall be paid out of the total amount assessed instead of roughly the amount of 1/5th taken by the Tribunal. The counsel also submits in fairness that if the court would make re -assessment of the compensation taking a component of love and affection as well and also provide for larger of compensation for contribution by assessing low percentage of tax, the increase of compensation brought through such a reappraisal could be worked out on that basis by awarding 3/4th to the wife and the child and 1/4th of the additional amount to the parents together. I have assessed the compensation afresh after taking into account the submissions and tabulate as under: -

(3.) CONSIDERING the fact that the death had taken place in the year 2009 and I have applied for multiplier of 16, I direct that as regards the share of the parents the whole amounts shall be allowed to be withdrawn without any direction for deposit.