The entire amount of the claimant's salary was to be considered while determining the loss of income in a motor accident case, and interest at 12% per annum was granted on the enhanced amount from the date of the filing of the claim petition.

H.S.Bedi, J.

1. This Letters Patent Appeal is directed against the judgment of the learned Single Judge in a motor accident case, whereby a sum of Rs. 3,19,460/- plus 12% interest per annum from the date of filing of the claim petition has been allowed, vide judgment dated 6.4.1993. As only the claimant has filed an appeal, the only issue that arises is with regard to the quantum of compensation. The claimant Harbhagwant Singh Dhillon was a Joint Assistant Director General in the C.R.P.F., Directorate, R.K. Puram, New Delhi. In the accident. In question, his right arm suffered amputation. He filed a claim petition claiming Rs.7.00 lacs as compensation. The Tribunal assessed the compensation at Rs. 2,18,416/-. The figure has been enhanced by the learned Single Judge vide the impugned judgment. The learned Single Judge, in-ter-alia, observed that as the claimant had been drawing a salary of Rs. 2579/- per month, the loss of income was to be assessed at Rs. 1500/- per month for 16 years, moving the total figure to Rs. 2,88,000/-.

2. We have heard Mr. Maharaj Bakhsh, the learned counsel for the appellant-claimant. We find that as the claimant himself is the appellant before us, the question of reduction in the amount of the salary from Rs. 2579/- per month to Rs. 1500/- was clearly unjustified. We are, therefore, of the opinion that the entire amount of salary was to be taken into consideration while determining the loss of income, more particularly when the learned Single Judge, had not thought it fit to award any further amount towards appellants retiral benefits as he was only 39 years of age at the time of the accident.

3. We accordingly compute the loss of income as under: Rs. 2500 X 12 X 6 = Rs. 4,80,000/-

4. The other sums awarded to the claimant are also affirmed. The appellant will also be entitled to interest @ 12% per annum on the enhanced amount from the date of the filing of the claim petition.

5. The appeal is allowed in the above terms.