JUDGEMENT
G.P.MITTAL,J. -
(1.)THE Appeal is for enhancement of compensation of Rs.11,02,850/- for the death of Jaishree, who died in a motor vehicle accident which occurred on 8th July, 2006.
(2.)THE Claims Tribunal accepted the deceased's income as Rs.8998/- deducted 1/4th towards personal expenses and applied the multiplier of Rs.13' taking the age of the deceased as 47 years (as per ration card).
The only ground of challenge raised during the hearing of the appeal is that the deceased's salary by way of additional evidence and the last pay certificate Ex.AW-1/2 is established as Rs.18,006/-. The Appellants were entitled to award compensation on the basis of the salary which was retrospectively revised w.e.f. 1.1.2006 on implementation of the 6th Pay Commission.
I would agree with the learned counsel for the Appellant that the salary which is revised retrospectively is the actual salary. This must be considered to compute the loss of dependency.
(3.)AT the same time, it transpires that the age of the deceased was taken as 47 years for granting loss of dependency. As per Ex.AW1/1 proved at the time of additional evidence recorded before the Registrar, the deceased's date of birth is 15th December, 1952. Thus, the deceased was 54 years on the date of the accident. In the circumstances, the appropriate multiplier would be Rs.11' as against Rs.13' taken by the Claims Tribunal.
I have before me, the salary certificate Ex.AW1/2, showing the deceased's gross salary as Rs.18,006/- on 8th July, 2006. This included a sum of Rs.230/- towards washing allowance which is required to be deducted being an allowance personal to the deceased and incidental to the employment.
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