MANJU DEVI Vs. SALEEM

JUDGEMENT

(1.) Instant appeal has been preferred by the claimantsappellants against the judgment and award dtd. 29/6/2017 passed by the Court of Motor Accident Claims Tribunal, Laxmangarh, Alwar (hereinafter referred to as 'the Tribunal') in Motor Claim Case No.111/2016 whereby an amount of 43,71,560/- was awarded as compensation on account of death of Daya Ram in the accident occurred on 22/3/2016. Learned Tribunal after framing the issues and evaluating the evidence on record and after hearing counsel for the parties, decided the claim petition of the claimants-appellants and awarded compensation to the tune of Rs.43,71,560.00 under various heads in favour of the claimants-appellants. Learned counsel for the appellants submitted that the deceased Daya Ram was working on the post of Teacher at Government Primary School, Village Jakhopur, Tehsil Ramgarh, District Alwar and at the time of his death, his age was 43 years 8 months and 10 days and his monthly salary was Rs.43,510.00. Counsel further submitted that in order to prove the income of the deceased, salary certificate (Ex.17) issued by the Block Elementary Education Officer, Tehsil Ramgarh District Alwar produced on the record, which clearly indicates that the monthly salary of the deceased was Rs.43510.00. Learned counsel further submitted that under various heads i.e. GPF, State Insurance, LIC, PMFI and Tax, deductions of Rs.12055.00 have been made.

(2.) Learned counsel further submits that the Tribunal while passing the award, has assessed the monthly income of the deceased as Rs.31455.00 only, while it is the settled principle of law that except income tax, other deductions i.e. GPF, State Insurance, LIC and PMFI, are the components of salary/income of the employee and while assessing the income of the deceased, these components should be added in the income of the deceased, so, under these circumstances, after deducting the income tax, monthly salary of the deceased should have been assessed as Rs.41,450.00, but the Tribunal has erred in assessing the salary of the deceased as Rs.31455.00 per month.