Rajeev Verma and ors. Vs. State of U.P. and ors.

- motor vehicles act, 1988 [c.a. no. 59/1988]section 168; [s.b. sinha & h.s. bedi, jj ] determination of compensation meaning of income of victim held, the term income has different connotations for different purposes. a court of law, having regard to the change in societal conditions must consider the question not only having regard to pay packet the employee carries home at the end of the month but also other perks which are beneficial to the members of the entire family. loss caused to the family on a death of a near and dear one can hardly be compensated on monetary terms. section 168 uses the word just compensation which, in our opinion, should be assigned a broad meaning. it cannot be lost sight of the fact that the private sector companies in place of introducing a pension scheme takes recourse to payment of contributory provident fund, gratuity and other perks to attract the people who are efficient and hard working. different offers made to an officer by the employer, same may be either for the benefit of the employee himself or for the benefit of the entire family if some facilities are being provided whereby the entire family stands to benefit, the same, must be held to be relevant for the purpose of computation of total income on the basis whereof the amount of compensation payable for the death of the kith and kin of the applicants is required to be determined. the amounts, therefore, which were required to be paid to the deceased by his employer by way of perks, should be included for computation of his monthly income as that would have been added to his monthly income by way of contribution to the family as contradistinguished to the ones which were for his benefit. from the said amount of income, the statutory amount of tax payable thereupon must be deducted.order1. a supplementary affidavit has been filed alongwith an application, wherein it is averred that at the instance of relatives of both the sides a settlement has been arrived at between the petitioners and respondent no. 4 and in the said settlement the petitioner no. 1 has paid rs. 1,20,000/- to smt. sharda devi daughter of respondent no. 4. it is further averred that as a result of the compromise, the petition filed by smt. sharda devi before the judge, family court, allahabad has been dismissed on 16.10.2000 and a compromise has also been entered into between the parties in divorce suit. sri anil kumar singh has made a statement that after filing of supplementary affidavit a decree for divorce has also been passed. the fact that the parties have entered into compromise has been admitted in para 7 of the counter affidavit filed by the complainant kamla prasad seth respondent no. 4.2. taking into consideration the aforesaid facts and circumstances of the case, we dispose of the writ petition with a direction to the investigating officer of the case to conclude the investigation in case crime no. 12 of 2000, under section 498a, i.p.c. and section 3/4, dowry prohibition act, p.s. mahila thana, district allahabad and submit a report in the concerned court within two months from the date of presentation of a certified copy of this order before the sho of the police station.3. the petitioner shall file a certified copy of this order and also a true copy of the writ petition, supplementary affidavit and counter-affidavit before the sho of p.s. mahila thana, allahabad within ten days.4. meanwhile the arrest of the petitioners in case crime no. 12 of 2000, under section 498a, i.p.c. and, section 3/4, dowry prohibition act, p.s. mahila thana, district allahabad shall remain stayed till 28.2.2001.