MISS RICHI Vs. DHARMINDER KUMAR

JUDGEMENT

(1.) THE appeal is for enhancement of compensation for death of a teacher in Punjab Education Department. The salary certificate brought on record showed that she was earning 15,000/ - per month. The tribunal however took the income after deductions at 9,000/ - and determined a compensation of 7,20,000/ - as the amount payable to the husband, one minor son and two major children. The accident took place on 4.2.2004.

(2.) THE decision of the tribunal is erroneous insofar as it makes deduction for contribution to PF and LIC etc. The deduction from income shall be only the taxable portion. Considering also the fact that she was 48 years of age, I will re -work the compensation by applying the principles relating to provision for increase and also provide for loss of consortium and loss of love and affection in the manner that are being done in some of the recent cases of the Supreme Court. The various heads of compensation are tabulated as under: -