IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.358 of 2003 RAJENDRA MANDER & ANR Versus SHAILENDRA RAM & ORS For the appellants:Mrs.Rekha Prasad, Advocate For the Insurance Co:Mr.Shailendra Kumar, Advocate ----------- 13 5.09.2008 Heard learned counsel for the parties. Appellants have preferred this appeal against the Judgment and Award dated 26.6.2003 passed by Sri Sita Ram Pandey, VIth Additional District Judge-cum-Motor Accident Claim Tribunal, , Patna, in Claim Case No.14/1996/30/2003. The only point which has been raised here on behalf of the appellant is regarding quantum of compensation. As per submission of the learned counsel for the appellant, the learned Tribunal has not considered the annual income of the deceased in right perspective in spite of the fact that the Income Tax clearance for three consecutive years was filed on behalf of the appellant before the learned Tribunal, which are Exhibit 1 series. The appellant was a contractor by profession and as evidence has come he used to spare Rs. 2,000/- (Two thousand) per month by way of saving and hand over the same to his parents, who are claimants. Income Tax chalans which were filed before the court below would go to show that the deceased was an Income Tax payee Learned counsel for the appellant has, thus, submitted that taking 2 the status of the income of the deceased as an Income Tax assessee, necessary orders should be passed. On the other hand, learned counsel for the Insurance Company has submitted that not a single chit of paper has been produced on behalf of the appellant so as to show that the deceased ever submitted any Income Tax return in respect of his annual income by way of his self employment as a Government contractor nor any evidence has been led on behalf of the appellant so as to show that the deceased was earning so as to spare Rs. 2,000/- (Two thousand) per month for giving the same to his parents. He has also submitted that even from the chalan (Ext. 1 series) it would be clear that the total income of the deceased has been shown as Rs. 4600/- and odd and that income was considered for awarding compensation by the learned Tribunal. It has been further submitted that not a single paper is on the record to show that the deceased was earning more than what has been mentioned in the chalan from the Income Tax Department. Learned counsel for the Insurance Company in all fairness has submitted that the income of the deceased at best could be presumed to be Rs. 15,000/- (Fifteen thousand) per annum, after deducting one third of which would come to Rs. 10,000/-(ten thousand) per annum and applying multiplier system of 15, as the age of the mother of the deceased which comes in the category of clause I heir of the deceased, who was 47 years of age at the time when such accident took place, the total amount would come 1,50,000/- (One lac fifty thousand ) out of which Rs. 50,000/- (fifty thousand) has already been paid by way of interim compensation by the learned Tribunal itself. Having considered the above facts and circumstances, I too feel 3 that income of Rs. 4,000/ - (four thousand) and odd per annum for any self employed contractor does not appear to be convincing. So, treating Rs. 15,000/- (fifteen thousand) per annum as income of the deceased , it would come to Rs. 1,50,000/-(one lac fifty thousand ) on 15 multiplier, as stated above ,out of which Rs. 50,000/- (fifty thousand) which has already been paid to him which should be deducted from the amount of principal and interest applicable on the date of such payment and thereafter, on such amount the interest @ 9% per annum as ordered by the learned Tribunal should be computed for the purpose of payment of compensation to the appellant. Here, it is made clear that interest shall be calculated from the date as ordered by the learned Tribunal @ 9% per annum on the amount of Rs. 1,50,000/- (one lac fifty thousand) and Rs. 50,000/- (fifty thousand) shall be deducted from the principal amount i.e. from Rs. 1,50,000/-d (one lac fifty thousand) and then interest will be calculated @ 9% per annum on the amount of principal i.e. Rs. 1,00,000/-(one lac), till final payment. With the aforesaid directions and observations, this appeal is, thus, disposed of. SKBOSE (Subash Chandra Jha)