Manasvi Jain Vs. Delhi Transport Corporation
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Head Note
Motor Vehicles Act,1988 - Section 166 , Section 168 , Section 173
Appeal for enhancement - Gross salary and net salary - Deductions - Voluntary contributions - Deductions towards GPF, LIC., Repayment of loans, etc. should not be excluded from income - Deductions towards income tax surcharge alone to be excluded - Deceased working as Executing Engineer in PWD drawing gross salary of Rs 26,950/- p.m. - Amount of Rs. 2500/- towards income tax deducted - Rest of amount were voluntarily contributed by deceased for welfare of his family - Take home salary of deceased comes to Rs. 24,500/- and rounded to Rs. 25,000/- - Multiplier of 8 applied since deceased was aged 55 years - Total financial loss assessed as Rs. 16,00,000/- plus Rs 5,000/- towards funeral expenses and Rs. 10,000/- towards mental agony added - Compensation of Rs. 10,25,176/- awarded by Tribunal and affirmed by High Court enhanced to Rs. 16,15,000/- - Interest allowed at 8% p.a.
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