JUDGMENT

Asok Kumar Ganguly, J.

1. Leave granted.

2. On 2.08.2006, around 4.40 PM, one Mrs. Sunita Sharma (aged 41 years) was returning to Panchkula from Chandigarh on her scooter, when the offending vehicle (a Tata 407 bearing registration No. HR-58-5649) driven by the second Respondent hit her and ran over her. She was declared dead when taken to hospital.

3. Legal heirs of the deceased, her husband and two children, filed a claim petition before the Motor Accident Claims Tribunal (MACT) claiming Rs. 40,00,000/- as compensation, along with interest @ 24% p.a.

4. MACT awarded total compensation of Rs. 7,92,000/-. It calculated the same by arriving at gross salary of Rs. 14,541/- (based on salary certificate provided by Haryana Women Development Corporation Ltd.), the employer of Mrs. Sunita Sharma. From the same, Rs. 1310/- was deducted on various accounts- she was an income tax Assessee, was paid HRA amounting to Rs. 885/-, CCA Rs. 200/-and medical allowance Rs. 250/-. MACT concluded that these sums could not be taken into account in the total salary of Sunita. Thus, her total carry home salary was taken to be Rs. 10,000/- (annual equivalent being Rs. 1,20,000/-). A deduction of 40% w