The main legal point established in the judgment is the assessment of compensation for motor vehicular accidents, the liability of the driver, owner, and insurance company, and the deduction of compensation received under specific government rules.

JUDGMENT :

ARCHANA PURI, J.

1. These are two appeals, filed by the rival parties to assail the Award dated 29.08.2014 passed by learned Motor Accident Claims Tribunal (hereinafter referred to ‘Tribunal’), whereby, compensation was granted, on account of death of Bajrang, in a motor vehicular accident, which took place on 24.06.2013.

2. For the convenience of the discussion, the parties are referred to as making appearance before the Tribunal.

3. On appraisal of the evidence, brought on record, learned Tribunal had granted compensation, to the extent of Rs.47,60,758/-, to the claimants. The liability was fastened only upon the driver and owner (respondents No.1 and 3) of offending vehicle bearing registration No.RJ- 32PA-1734, jointly and severally. However, the insurance company was absolved from any liability.

4. Feeling aggrieved by the aforesaid Award, FAO-9782-2014 has been filed by the driver and owner, namely Kailash and Parkash Chand, respectively, to challenge the findings of exoneration of the Insurance Company from making payment of the compensation, so worked upon. Besides the same also, the driver and owner have disputed the extent of compensation, so worked upon.

5. Claimants-appellants filed FAO-1228-2015, thereby, seeking enhancement of the compensation, so awarded by learned Tribunal.

6. So far as the fact of accident and the involvement of the offending vehicle is concerned, none of the parties to the lis have challenged the same. As such, the findings so arrived, qua the same by learned Tribunal, has since attained finality.

7. Firstly, let us consider the compensation, so granted to the claimants. The widow of the deceased namely Usha Devi, stepped into witness box as PW-2 and she has tendered into evidence, her affidavit Ex.PW2/A, wherein, she has deposed about her husband to be working as PTI Teacher in Government School, village Niyajalipur (Naya Gaon) and that he was earning Rs.30,000/- per month, as salary, besides the service benefits.

8. Further also, claimants had examined PW-1 Pankaj, Clerk, Govt. Middle School, Niyajalipur, who had brought the annual salary certificate of Bajrang, who was posted in their school. PW-4 Sandeep, Clerk, O/o Block Education Officer, had brought the record pertaining to service of Bajrang, who was working as PTI Teacher in GMS, Niyajalipur, Tehsil Narnaul, District Mahendergarh. He deposed that date of birth of Bajrang was 10.04.1984. He joined as PTI Teacher on 07.05.2010 and was to retire on 30.04.2042. He proved the attested copy of service book of Bajrang as Ex.P3. Thus, from the aforesaid evidence, coming on record, it stands established that in the month of May 2013, the salary of the deceased was Rs.27,727/-.

9. As per National Insurance Company Limited vs. Pranay Sethi and others, 2017(4) RCR (Civil) 1009, salary minus tax is to be taken into consideration to work upon the compensation. Considering the monthly salary of Rs.27,727/-, the annual salary of the deceased comes to be Rs.27,727x12=Rs.3,32,724/-. However, tax has to be deducted from the aforesaid extent of annual earnings.

10. In the tax slab existing in the year 2013-2014, there was tax exemption upto the income of Rs.2,00,000/-. After deducting the same, the taxable income of the deceased comes to be Rs.1,32,724/-, upon which, 10% tax was liable and after deducting 10% i.e. Rs.13,272/-, the extent of earnings, as such, comes to be Rs.3,32,734-13,272=Rs.3,19,452/-.

11. Deceased Bajrang was a government employee and considering the date of birth of the deceased i.e. 10.04.1984, at the relevant time, he was 29 years old. Considering this age of deceased, addition of 50%, ought to be made, on the count of ‘future prospects’ in the case of government job. Thus, addition of Rs.1,59,726/- is to be made further and after making such addition, the annual earnings of the deceased, comes to be Rs.3,19,452+1,59,726=Rs.4,7