TaxTMI 
TaxTMI 
2014 (7) TMI 1400
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....m of Rs. 20,00,000/- (Rupees twenty lakhs only) before the tribunal within four weeks and the tribunal shall distribute it proportionately as per the directions given in its award. 4. The respondent Nos. 1 to 7, the legal heirs of deceased, Kamalesh Mewada, filed a claim petition MACP Reason: No. 194 OF 2010 before the MACT, Kekri Ajmer, Rajasthan, under Section 166 of the Motor Vehicles Act, 1988 (for brevity "the Act") for grant of compensation amounting to Rs. 1,55,55,000/- along with interest at the rate of 12% per annum from the date of filing of the claim petition. On the basis of evidence brought on record the tribunal awarded a sum of Rs. 27,35,744/- with 6% interest payable jointly and severally by the o....
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..... There can be no issue about the Principle laid down by the Hon'ble Supreme Court on this point. However, simultaneously the rule of precedent are also a life to the fact that, at times, the proper course may not be followed by the court of laws. In order to meet out such an eventuality, the rule is that the latter Judgment should followed in case the former and the latter benches are of equal strength. Thus, this Court has no option but to follow the judgment and the opinion expressed by the Hon'ble Supreme Court in the case of Rajesh and others (supra)." 7. Being of this view, the High Court concurred with the opinion expressed by the tribunal pertaining to grant of benefit in respect of addition of income for future prospects. Needle....
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....sed was 40 to 50 years. There should be no addition, where the age of the deceased is more than 50 years. Though the evidence may indicate a different percentage of increase, it is necessary to standardise the addition to avoid different yardsticks being applied or different methods of calculation being adopted. Where the deceased was self-employed or was on a fixed salary (without provision for annual increments, etc.), the courts will usually take only the actual income at the time of death. A departure therefrom should be made only in rare and exceptional cases involving special circumstances." [Emphasis supplied] 10. In Santosh Devi (supra), the Court, while dealing with the contention of addition of income for the future prospect....
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....nments and their agencies/instrumentalities have been revised from time to time to provide a cushion against the rising prices and provisions have been made for providing security to the families of the deceased employees. The salaries of those employed in private sectors have also increased manifold. Till about two decades ago, nobody could have imagined that salary of Class IV employee of the Government would be in five figures and total emoluments of those in higher echelons of service will cross the figure of rupees one lakh. 17. Although the wages/income of those employed in unorganised sectors has not registered a corresponding increase and has not kept pace with the increase in the salaries of the government employees and th....
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....e, the Court in Santosh Devi case actually intended to follow the principle in the case of salaried persons as laid down in Sarla Verma case and to make it applicable also to the self-employed and persons on fixed wages, it is clarified that the increase in the case of those groups is not 30% always; it will also have a reference to the age. In other words, in the case of self-employed or persons with fixed wages, in case, the deceased victim was below 40 years, there must be an addition of 50% to the actual income of the deceased while computing future prospects. Needless to say that the actual income should be income after paying the tax, if any. Addition should be 30% in case the deceased was in the age group of 40 to 50 years. ....