K. Kannan J.
1. The appeal is for enhancement of compensation for death of person, who was 53 years of age and working as a Headmaster in Bhalwal S.D. High School, Chamkar Singh. The claimants were widow, unmarried daughters and a son. The Tribunal had taken the gross salary at Rs. 9670/-and provided for a 1/3rd deduction and took the contribution to the family at Rs. 5,000/-per month. The Tribunal had taken only the basic pay at Rs. 7880, which in my view is wrong. The Tribunal had to take the gross salary and deduct only the tax payable. The gross salary, which would also include the contribution made towards provident fund, was Rs. 10,450/-and if 10% of the same must be taken as going towards tax, I would take the monthly income at Rs. 9500/-. I will provide for a deduction of 1/4th towards his personal expenses and take the contribution to the family at Rs. 7125/-per month. The annual dependence would be Rs. 85,500/-and I would adopt a multiplier of 11 instead of 8 as taken by the Tribunal. The total loss of dependence comes to Rs. 9,40,500/-. I will also add another Rs. 10,000/-towards the conventional heads of claim, towards loss of consortium and other expenses and round off the figure at Rs. 9,50,000/-. The amount in excess over what has already been awarded by the Tribunal shall bear interest @6% from the date of the petition till the date of payment.
2. The appeal is allowed to the above extent. The amount shall be distributed amongst the minor in the manner referred to by the Tribunal.
Satya Devi W/o Sh. Sukhdev Singh Son Of Ganga Ram v. Balwinder Singh Son Of Teja Singh And Others
Satya Devi W/o Sh. Sukhdev Singh Son Of Ganga Ram v. Balwinder Singh Son Of Teja Singh And Others
(High Court Of Punjab And Haryana)
First Appeal Order No. 2498 of 2001 | 23-12-2010
Advocate List
Bench
- HON'BLE JUSTICE K. KANNAN, J.
Eq Citations
- LQ/PunjHC/2010/5867
Head Note
1. Motor Vehicles Act, 1988 — S. 166 — Compensation — Enhancement of — Death of a person aged 53 years working as a Headmaster — Tribunal had taken the gross salary at Rs 9670 and provided for a 13th deduction and took the contribution to the family at Rs 5000 per month — Tribunal had taken only the basic pay at Rs 7880 which was wrong — Tribunal had to take the gross salary and deduct only the tax payable — Gross salary which would also include the contribution made towards provident fund was Rs 10450 and if 10% of the same must be taken as going towards tax, held, monthly income at Rs 9500 — Deduction of 14th towards his personal expenses and contribution to the family at Rs 7125 per month — Annual dependence would be Rs 85500 and multiplier of 11 instead of 8 as taken by the Tribunal — Total loss of dependence comes to Rs 940500 — Another Rs 10000 towards conventional heads of claim towards loss of consortium and other expenses and rounded off the figure at Rs 950000 — Amount in excess over what has already been awarded by the Tribunal shall bear interest 6% from the date of the petition till the date of payment — Consumer Protection Act, 1986, Ss. 2(1)(o) & (m)
