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Judgment
54 paragraphs · 362 wordsK. Kannan, J.
1 There is no representation for the Appellant. Counsel for the Respondent-insurance company is present and I proceed to take up the case and dispose it of on merits on the basis of records and with the assistance of the counsel for the Respondent-insurance company and particularly, having regard to the fact that the scales of compensation and methods of arriving at compensation for death are fairly settled by the decision of Hon''ble Supreme Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, .
2 The deceased was an income tax Assessee and it is not very clear from the order as to the nature of business that the deceased was having. He had been assessed to income tax at Rs. 88998/-for the year 1991 and he was paid tax of Rs. 25380/-. The net income was Rs. 63,618/-and the Tribunal was right in observing that his income could never have been only anything less than returned as income by the Income Tax Department. will, therefore, take the income as established, but instead of 1/3rd deduction, I will take 1/4th deduction and apply a multiplier of 16. The assessment of compensation is tabulated here below:
Fatal Accidents
Age:
35
Occupation
88,998 -
25380
Claimants
Wife, 2 minor children & Mother
Heads of Claim
Tribunal
High Court
Sr.No.
Amount Rs.
Amount Rs.
1.
Annual Income
63,618
63,618
2.
Add % of increase 30%/50%
3.
Deduction (1/2,1/3, 1/4, 1/5)
1/3
1/4
4.
Multiplicand - Tax
42,412
47,713.50
5.
Multiplier
16
16
6.
Loss of Dependence
7,63,416
7.
Medical Expenses
-
8.
Loss of Consortium + loss of love and affection
10,000
9.
Loss to Estate
5000
10.
Funeral Expenses
2500
Total 6,78,600/
7,80,916/
The amount of increase over what has been determined by the Tribunal will also attract interest @ 6% from the date of petition till the date of payment. The enhanced portion of the compensation amount will be distributed amongst the widow and the children only. The liability shall be in the same manner as determined by the Tribunal.
Registry is directed to send a copy of this order to the party directly.