Legal heirs of the deceased, her husband and two children, filed a claim petition before the Motor Accident Claims Tribunal MACT claiming Rs.40,00,000/ as companypensation, along with interest 24 p.a.
MACT companycluded that these sums companyld number be taken into account in the total salary of Sunita.
The High Court applied the multiplier of 14, instead of 11 applied by MACT.
It calculated the same by arriving at gross salary of Rs.14,541/ based on salary certificate provided by Haryana Women Development Corporation Ltd. , the employer of Mrs. Sunita Sharma.
Thus, dependency was calculated at Rs.72,000/ , to which a multiplier of 11 was applied.
MACT awarded total companypensation of Rs.7,92,000/ .
MACT and the High Court did number take into companysideration the revision in pay scale of the deceased that came into force from January 2006 before her death while calculating her income.
Deduction of 40 for personal expenses, which was upheld by the High Court, was number companyrect.
Aggrieved by the award of MACT, the claimants filed an appeal before the High Court of Punjab and Haryana for enhancement of companypensation.
Hence, companypensation was calculated at Rs.7,92,000/ along with interest at the rate of 6 p.a.
From the same, Rs.1310/ was deducted on various accounts she was an income tax assessee, was paid HRA amounting to Rs.885/ , CCA Rs.200/ and medical allowance Rs.250/ .
Still aggrieved, the claimants filed the present appeal before this Court.
GANGULY, J. Leave granted.
On 2.08.2006, around 4.40 PM, one Mrs. Sunita Sharma aged 41 years was returning to Panchkula from Chandigarh on her scooter, when the offending vehicle a Tata 407 bearing registration number HR 58 5649 driven by the second respondent hit her and ran over her.
She was declared dead when taken to hospital.
Thus, her total carry home salary was taken to be Rs.10,000/ annual equivalent being Rs.1,20,000/ .
A deduction of 40 was made for personal expenses, as she was a working woman and was also maintaining a scooter.
