K. Kannan, J. - (1.) THE appeal is for enhancement of compensation for death of a teacher in Punjab Education Department. The salary certificate brought on record showed that she was earning 15,000/ - per month. The tribunal however took the income after deductions at 9,000/ - and determined a compensation of 7,20,000/ - as the amount payable to the husband, one minor son and two major children. The accident took place on 4.2.2004.
(2.) THE decision of the tribunal is erroneous insofar as it makes deduction for contribution to PF and LIC etc. The deduction from income shall be only the taxable portion. Considering also the fact that she was 48 years of age, I will re -work the compensation by applying the principles relating to provision for increase and also provide for loss of consortium and loss of love and affection in the manner that are being done in some of the recent cases of the Supreme Court. The various heads of compensation are tabulated as under: - The total compensation payable shall be Rs. 22,83,350/ -. The amount shall be distributed amongst the claimants equally. 75% of the amount shall be permitted to be withdrawn immediately by the major claimants and 25% will be split equally in three portions and deposited in a nationalized bank as fixed deposit. The first portion shall be for one year, second portion for two years and the third portion shall be deposited for a period of three years. The amount shall be disbursed directly by the bank to the respective claimants on their maturity under advise to the tribunal. As regards the share of the minor the whole of the amount shall be kept in fixed deposit in a nationalized bank during the period of their minority and the interest shall be disbursed to the mother quarterly for their maintenance. On attaining the age of maturity the disbursement shall be in the same manner namely 75% to be given without any security and 25% to be dealt with in three yearly installments in the manner referred to above. The right of enforcement shall be available against the Insurance Company. The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment. The award is modified and the appeal is allowed to the above extent.;