Judgment :-

S.B. Sinha, J.

1.1. Leave granted.

2.2. Whether dearness allowance and house rent allowance payable to a deceased should be taken into consideration for the purpose of computing the amount of compensation payable in terms of the provisions of Section 166 of the Motor Vehicles Act, 1988 (for short "the Act") is the question involved in this appeal which arises out of a judgment and order dated 14.02.2007 passed by the High Court of Madhya Pradesh in M.A. No. 2177 of 2005.

3.3. The basic fact of the matter is not in dispute.

The deceased Puspa Matolya was travelling in a Tata Sumo on the fateful day, viz., 30.11.2002 at about 11.00 a.m. It dashed against a mango tree. She died on the spot.

Indisputably, the deceased was an Assistant teacher in a primary school. The said school was a State-run one. She was to superannuate on 28.02.2011. She at the time of her death was aged about 52 years and 9 months. The salary certificate produced on behalf of the claimants -appellants showed that she was drawing a monthly salary of Rs.8611/- (Rs.6050/- basic pay, Rs.2481/- dearness allowance and Rs.80/- house rent) per mensum.

The Tribunal, however, taking into consideration only the ba