9911796707
TMI Blog2014 (4) TMI 1332X X X X Extracts X X X X X X X X Extracts X X X X ..... are stated hereunder to appreciate the case of the Appellants and also to find out whether the Appellants are entitled for the relief as prayed in this appeal. 3. The deceased, while going on his motorcycle from Vellore to Kannamangalam, collided with the bus of the Respondent-Corporation as a result of which he sustained fatal injuries and died on the spot. The legal representatives of the deceased viz., his wife and two minor children filed M.C.O.P. No. 539 of 1994 contending that the accident occurred solely because of the rash and negligent driving of the bus of the Respondent-Corporation. If the driver of the bus had driven the bus with carefulness, there might have been no possibility of dragging the deceased along with the motorcycl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eceased. Further, according to the High Court, the Tribunal erred in determining the multiplier of 18 instead of 13 considering the age of the deceased which was 46 at the time of the accident. 6. Accordingly, the High Court held that the unsubstantiated oral evidence alone of P.W. 1 cannot be taken into consideration in the light of Exhs. A.8, A.9 and A.10. The monthly income of the deceased is therefore taken as Rs. 3,115/- per month for computation of the multiplicand on the basis of net average income of the deceased calculated as per the income tax return produced as evidence on record. Therefore, the compensation determined under the head of loss of income under the head of 'loss of income' of the deceased was determined by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dge of the Madras High Court in National Insurance Co. Ltd. v. Padmavathy and Ors. wherein it was held: 7 ...Income tax, Professional tax which are deducted from the salaried person goes to the coffers of the government under specific head and there is no return. Whereas, the General Provident Fund, Special Provident Fund, L.I.C., Contribution are amounts paid specific heads and the contribution is always repayable to an employee at the time of voluntary retirement, death or for any other reason. Such contribution made by the salaried person are deferred payments and they are savings. The Supreme Court as well as various High Courts have held that the compensation payable under the Motor Vehicles Act is statutory and that the deferred pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... salary of the deceased, at least the very nature of deductions from the salary of the deceased. My view is that the deductions made by the tribunal from the salary such as recovery of housing loan, vehicle loan, festival advance and other deductions, if any, to the benefit of the estate of the deceased cannot be deducted while computing the net monthly earnings of the deceased. These advances or loans are part of his salary. So far as House Rent Allowance is concerned, it is beneficial to the entire family of the deceased during his tenure, but for his untimely death the claimants are deprived of such benefit which they would have enjoyed if the deceased is alive. On the other hand, allowances, like Travelling Allowance, allowance for newsp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being 46 years of age at the time of death, he is entitled to 30% increase in the future prospects of income as per the legal principle laid down by this Court in Santosh Devi v. National Insurance Co. Ltd. and Ors. (2012) 6 SCC 421. 10. Also, since the deceased was 46 years of age at the time of the accident, a multiplier of 13 seems appropriate for determining the quantum of compensation as per the principle laid down by this Court in the case of Sarla Verma and Ors. v. Delhi Transport Corporation and Anr. (2009) 6 SCC 121. 11. Therefore, the total amount of compensation the Appellants-claimants are entitled to under the head of loss of income is: [( Rs. 7330+30/100 x Rs. 7330) x 12 x 13] = Rs. 14,86,524/-.] 12. Further, since the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch is rounded off at Rs. 14,51,000/- is awarded to the Appellants-claimants. 16. Further, the High Court has awarded the compensation with interest @9% per annum. We concur with this holding of the High Court in the light of the decision of this Court in Municipal Corporation of Delhi, Delhi v. Uphaar Tragedy Victims Association and Ors. (2011) 14 SCC 481 Accordingly, we award an interest @ 9% per annum on the compensation to be awarded to the Appellants-claimants. The compensation awarded shall be apportioned between the Appellants equally with proportionate interest. We direct the Insurance Company to deposit 50% of the awarded amount with proportionate interest in any of the Nationalized Bank of the choice of the Appellants for a period ..... X X X X Extracts X X X X X X X X Extracts X X X X
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