A salary certificate, especially when supported by the testimony of the issuing authority, constitutes sufficient proof of income for calculating compensation in motor accident claims, regardless of whether bank account statements showing the credit of such salary were produced.

ORAL JUDGMENT

This appeal is filed by claimants seeking enhancement of compensation awarded in the judgment and ward dated 02.09.2022 passed in MVC No.1802/2018 by Principal Senior Civil Judge and CJM and MACT, Mangaluru D.K.

Claimants made a claim petition claiming award of compensation for the death of Ravindra R. Amin alias Ravindra in a road traffic accident which occurred on 04.08.2018, contending that the accident occurred due to the rash and negligent driving of the driver of Sumo Grand GX bearing registration No.KA-20/B-7311 and driver of the truck bearing registration No.KA-20/C-5076 which was parked on the road. The Tribunal recorded the evidence, appreciating the evidence on record, assessed the compensation and awarded the compensation under different heads as under:

The Tribunal has also awarded interest at the rate of 6% per annum from the date of the petition till realisation and held that respondent No.2 -Insurer of Sumo Grand GX is liable to pay 70% of the compensation and respondent No. 4 -Insurer of the truck is liable to pay 30% of the compensation. The claimants filed petition seeking enhancement of the compensation.

Heard learned counsel for appellants –claimants and learned counsel for respondent Nos.2 and 4.

Learned counsel for appellants would contend that the deceased was working as Security Guard in Karnataka Security Services and he was getting net salary of Rs.16,163/- as per Ex.P13 –salary certificate. His appointment letter is at Ex.P15 and the license of the said agency is at Ex.P16. The author of Ex.P13 and 15 has been examined as P.W.2 who has given evidence with regard to employment of the deceased as Security Guard and the salary certificate issued. The Tribunal has disbelieved the evidence of P.W.2 only on the ground that the bank statement has not been produced in order to show credit of the salary to the account of the deceased by the employer. She placed reliance on the decision of the Hon’ble Apex Court in the case of Rajwati @ Rajjo and Ors Vs United India Insurance Company Ltd and Ors ¹In 2022 SCC Online SC 1699 wherein the Hon’ble Apex Court has placed reliance on the salary certificate and pay slip even though the author is not examined. She further submitted that the Division Bench of this Court has placed reliance on the said judgment of the Apex Court in MFA No.4996/2020 and considered the income based on the salary certificate. With these, he prays to allow the appeal and enhancement of compensation.

Learned counsel for respondent Nos.2 and 4 both submits that author of salary certificate and appointment letter who has been examined as P.W.2 has not produced any bank statement of the agency and of the deceased to show that the amount stated in Ex.P13 salary has been credited to the account of the deceased. The Tribunal rightly considered the said aspect and held that the said income has not been proved and taken the notional income as per the chart for the year 2018 prepared by Legal Services Authority for settlement of disputes in Lok Adalath. There are no grounds for enhancement of the compensation. With these, he prays to dismiss the appeal.

Having heard learned counsels, this Court has perused impugned judgment, award and trial Court records.

It is specific case of claimants that the deceased was working as Security Guard in Karnataka Security Services and was getting the monthly income of Rs.18,000/-. Ex.P15 is appointment letter of the deceased issued by Karnataka Security Services dated 15.02.2015 wherein he has been appointed as Security Guard on contract basis. Ex.P16 is license of the Karnataka Security Services issued by Office of the Assistant Labour Commissioner and licensing officer. Ex.P13 is salary certificate issued by Karnataka Security