K.C.Puri - (1.) THIS is an appeal directed by the widow and three minor children against the award dated 5.1.2001 passed by Sh. N.C. Nahata, Motor Accident Claims Tribunal, Karnal, vide which the claim petition was partly accepted and a sum of Rs. 6,28,000/- was allowed. The present appeal has been filed for enhancement of compensation. Counsel for the appellants has submitted that income of the deceased has not been taken in accordance with the income tax return.
(2.) I have considered the said submission, but do not find any force in that submission. The income tax return was filed after the death of the deceased and the return itself shows that the deceased was drawing a salary of Rs. 5,500/- per month and the remaining amount shown in the return is regarding the interest income and deceased would not have contributed anything in earning that interest income. So, income of the deceased has been rightly taken as Rs. 5,500/- per month. The second contention raised by learned counsel by the claimant-appellants is that the claimants are four in number and in view of authority reported as Smt. Sarla Verma and others vs. Delhi Transport Corporation and another 2009 (3) RCR (Civil) 77, the dependency should have been calculated by deducting 1/4th amount in respect of personal expenses of the deceased.
(3.) I have considered the said argument. The said submission has to be accepted in view of authority in Smt. Sarla Verma's case (Supra). The dependents are four in number. The dependency is calculated as Rs. 4,125/- after deducting 1/4th amount in respect of personal expenses of the deceased. The yearly dependency comes to Rs. 49,500/-.;