Judgment:
Cross Objection No.42-CII of 2014 in/and FAO No.214 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Cross Objection No.42-CII of 2014 in/and FAO No.214 of 2014 (O&M) DECIDED ON : 25.07.2014 National Insurance Company Limited ...Appellant versus Parveen Kumari and others ...Respondents CORAM : HON'BLE Mr.JUSTICE JITENDRA CHAUHAN Present : Mr.Rajbir Wasu, Advocate for the appellant.
Mr.Anil Kumar Sephia, Advocate for respondents No.1 to 6-Cross objectORS.Mr.T.T.P.Singh, Advocate for respondent No.7.
JITENDRA CHAUHAN, J.
CM No.624-CII of 2014 For the reasons mentioned in the application, the same is allowed and the delay of 38 days in filing the appeal is condoned, subject to all just exceptions.
CM stands disposed of.
FAO No.214 of 2014 The present appeal has been filed by the insurance company against the award dated 20.07.2013, passed by the learned Motor Accident Claims Tribunal, Jalandhar ('the Tribunal', for brevity) for awarding compensation to the claimants-respondents to the tune of `30,69,134/- for the death of Roshan Lal .
Learned counsel for the appellant contends that the MANOJ KUMAR201408.07 17:04 I attest to the accuracy and integrity of this document Cross Objection No.42-CII of 2014 in/and FAO No.214 of 2014 2 Tribunal has not deducted the amount towards liability of income at source tax in view of Shyamwati Sharma versus Karam Singh (SC).2010 (3) R.C.R.(Civil) 741, the Hon'ble Supreme Court has held as under:- “While ascertaining the income of the deceased, any deductions shown in the salary certificate as deductions towards GPF, life insurance premium, repayments of loans etc., should not be excluded from the income.
The deduction towards income tax/surcharge alone should be considered to arrive at the net income of the deceased”.On the other hand the learned counsel for respondents No.1 to 6-cross objectors-claimants does not dispute the income-tax liability of the deceased.
I have heard learned counsel for the parties and perused the record.
On perusal of the file it reveals that Tribunal assessed the total income of the deceased as `3,24,776/- after adding 30% of future prospects however, the amount of tax including 3% eduction cess i.e.`14,911 shall be deducted from the awarded amount and the annual income after the tax deductions would be `3,09,865/-.
Further after deducting the 1/4th dependency, 10% contributory negligence and by applying the multiplier 14 (already awarded by the Tribunal) on the amount comes to ` 29,28,224/-.
In view of the above, the claimants are held entitled to net payable compensation of ` 29,28,224/- as indicated above, over and MANOJ KUMAR201408.07 17:04 I attest to the accuracy and integrity of this document Cross Objection No.42-CII of 2014 in/and FAO No.214 of 2014 3 above the amount already awarded by the learned Tribunal, which shall be payable within a period of 60 days from the date of receipt of a certified copy of this judgment, failing which, they shall also be entitled to get interest @ 7.5% per annum, from the date of filing the present appeal, till its realization.
Cross Objection No.42-CII of 2014 Learned counsel for respondents No.1 to 6-cross objectors seeks permission to withdraw the cross-objections.
Dismissed as withdrawn.
With the aforesaid modification in the impugned award, the present appeal is allowed.
Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.
July 25, 2014 (JITENDRA CHAUHAN) Manoj Bhutani JUDGE MANOJ KUMAR201408.07 17:04 I attest to the accuracy and integrity of this document