NEW INDIA ASSURANCE CO LTD Vs. SHABNAM BANO

JUDGEMENT

(1.) THE deceased in this case was a teacher. He died on 19 -03 -1996 in an accident while he was travelling in a Motor Vehicle bearing registration No. 4851 JKS. The fact that some compensation is required to be given to the claimants is not being disputed. All that is being said is that the award passed by the Motor Accident Claims Tribunal Bhaderwah is excessive and is not being on facts. Tribunal assessed the income of the deceased at Rs 8000/ - PM. Tribunal took note of the fact that the income of the deceased would have gone up as the deceased would have earned promotion. It was in this manner his income was assessed at Rs 10000/ -. It is action on this basis compensation has been allowed.

(2.) LEARNED counsel appearing for the appellant company submits that there was nothing on the record to indicate that there would have been enhancement in the salary and therefore, judgement which is based on the conjuncture cannot be sustained.

(3.) THE deceased was a teacher. He is governed by Rules and Regulation framed by the State of J&K. It be seen that Jammu & Kashmir Civil Service (Revised Pay) Rules 1998 were enacted. These came into force on 19 -01 -1996 w.e.f. 01 -01 -1996 pay of teacher was to be fixed in terms of paragraph 15 (e) of the Rules. This paragraph i.e. 15(e) is being reproduced below.