The Tribunal arrived at the said companypensation in the following manner It deducted one third from the gross monthly salary of Rs.13,794/ towards the personal and living expenses of the deceased and determined the companytribution to the family as Rs.9,196/ per month or Rs.1,10,352/ per annum.
The average of the actual monthly income Rs.13794/ and the projected monthly income at the time of retirement Rs.22000 , that is Rs.17,897/ , was taken as the monthly income.
The said judgment of the High Court is challenged in this appeal.
According to the salary certificate, his basic pay was Rs.7425/ , the gross salary pay and allowances was Rs.13,794/ , the deductions aggregated to Rs.4,305/ and the net take home salary was Rs.9,489/ per month.
The Tribunal by its award dated 17.1.2003 held the respondents liable and directed the insurer to pay to the appellants, Rs.14,44,600/ as companypensation, with simple interest at 9 per annum from the date of filing of the claim petition 21.2.2002 till realization.
and arrived at the net monthly income as Rs.12,528/ .
It applied the multiplier 13 and arrived at the loss of dependency as Rs.14,34,576/ rounded off to Rs.14,34,600/ .
and The High Court ought to have applied the multiplier 16 instead of 13, having regard to the age of the deceased.
Drawing an assumption that the deceased would have at least got one promotion or gone to the next higher grade if he had companypleted the remaining 24 years of service, and taking numbere of the recommendations of the Fifth Pay Commission and the annual increments, it inferred that by the time the deceased would have retired, he would have been earning a minimum gross income of Rs.22,000/ per month.
The High Court deducted 30 thereof towards deductions from salary income tax etc.
By applying the multiplier of 13, it calculated the loss of dependency as Rs.14,65,776/ .
The High Court started with the gross salary as Rs.13,794/ per month.
The appellants urged the following two companytentions The High Court ought number to have made a deduction of 30 from the salary towards taxes etc.
Feeling aggrieved the claimants filed an appeal.
It further deducted one fourth thereof towards the personal and living expenses of the deceased and arrived at the companytribution to the family as Rs.9,396/ per month or Rs.1,12,752/ per annum.
This is an appeal for enhancement of companypensation, by the mother, widow, three children and father of Kuldeep Sharma, a Sub Inspector of Police, aged 36 years, who died in a motor accident on 25.12.1990.
V. RAVEENDRAN J., Leave granted.
As a companysequence, it increased the companypensation awarded by the Tribunal by Rs.32,000/ with interest at the rate of 6 per annum from the date of claim petition till the date of payment.
