9911796707
TMI Blog2014 (4) TMI 1145X X X X Extracts X X X X X X X X Extracts X X X X ..... all these into consideration, the Tribunal arrived at a conclusion that the salary of the deceased would be ₹ 35,000/- p.m. at the time of his retirement and ₹ 25,000/- p.m. as his potential earning capacity on the date of his death. After deducting ₹ 10,000/- towards personal expenses, his liability towards taxation etc., the net contribution of the deceased towards his dependents was arrived at ₹ 15,000/- p.m., applied the multiplier 12 taking into consideration the age of the deceased and finally awarded an amount of ₹ 22,10,000/- as total compensation payable with interest @ 9% p.a. The High Court without properly appreciating the factum of the young age of the deceased and without taking future prospects ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s who filed a petition before the Motor Accident Claims Tribunal, Ahmedabad claiming an amount of ₹ 40.00 lakhs as compensation on the ground that the sole breadwinner of their family, who was 46 years old, had died in a road accident. The Tribunal, relying upon the oral as well as documentary evidence, took the income of the deceased at ₹ 15,000/- p.m. and considering his age at 46, applied the multiplier 12. In addition to that, the Tribunal granted ₹ 50,000/- as conventional amount, and finally awarded ₹ 22,10,000/- as compensation to the appellants with interest @ 9% p.a. 2. Aggrieved thereby, the respondent-Insurance Company preferred First Appeal No. 301 of 2003 before the High Court. The appellants herein a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her hand, learned counsel for the Insurance Company supported the order of the High Court and submitted that there is no reason for this Court to interfere with the order of the High Court. 6. We have heard learned counsel for the parties and perused the material before us. It is evident from the order of the Tribunal as well as Salary Certificate filed as (Annexure P-2) the deceased was getting a gross salary of ₹ 14,103.77 ps. p.m. apart from benefits like GPF, D.A., and other allowances. It is also stated therein that the deceased was having another 12 years of service and there is a chance of revision of pay scales and getting one more promotion. Taking all these into consideration, the Tribunal arrived at a conclusion that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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