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Showing contexts for: NET compulsory in K.Lokaiah vs R.Mani Raju on 27 January, 2017Matching Fragments
18. From the above coming to the 50% liability of the respondents-owner and Insurer of the tractor and trailer to decide the claim with reference to what is discussed supra of the settled principles by considering the claim under Section 166 of the M.V.Act; The Ex.X.2 is the service record of the deceased who was born on 21.05.1956 and by the date of accident, he completed 49 years 6 months that is also reflected from Ex.A.1 post mortem report and Ex.A.2 inquest report. The tribunal taken therefrom age as 50 years and for a person aged between 46 to 50 years as per Sarla Verma Vs Delhi Transport Corporation it is just to take multiplier 11. Even the prospective earnings increase of deceased taken at 15%, the salary certificate X.1 shows of December,2005, his salary of Rs.9246/- total including the allowance and after deductions net salary is Rs.4,550/- however only compulsory deductions therefrom to be reduced like professional tax Rs.80/- G.I. of Rs.30/- and etc., contribution savings, the net salary therefrom can be taken Rs.8,000/- with 15% increase, it comes to Rs.9,200/- after 1/3rd deduction, Rs.6133/-x 12 x 11 = Rs.8,09,600/- + Rs.50,000/- towards consortium, Rs.10,000/- towards loss of estate , Rs.25,000/- towards funeral expenses= Rs.8,94,600/-/2(half)= Rs.4,47,300/- rounded to Rs.4,48,000/-with interest at 7.5%p.a. which the claimants are entitled from respondents 1 and 2. For rest of the claims of the deceased bike rider not a third party to bike if any is against the Insurer of bike for any personal accident claim if at all covered by the policy for the risk. If at all it is shown as third party to the bike, remedy for remaining 50% compensation claim against bike owner and Insurer is left open and for that the observations above no way comes in the way.