Document Fragment View
Fragment Information
Showing contexts for: Basic design in The Tamil Nadu State Transport ... vs V.Venkataragavan on 5 June, 2017Matching Fragments
26.From a reading of the above citation, there is nothing wrong on the part of the Tribunal in fixing 1/3rd income of the spouse of the deceased and adopting multiplier '16', as per the decision of the Hon'ble Apex Court, in the case of, Sarla Verma and others Vs. Delhi Transport Corporation and another, reported in 2009 (2) TN MAC 1 (SC) and arrived at the compensation.
27.But, at the same time, whether the Tribunal has correctly fixed the income of the spouse of the deceased has to be considered. In this regard, it would be appropriate to refer to the evidence of P.W.1 and Ex.P.12, P.27 and P.28. Exs.P.12 and P.27 are stated to be the salary certificates of P.W.1, who is the husband of the deceased. Ex.P.28 is a certificate stated to have been given by One Marshal A Antony, Operations Manager, Authorised Signatory, Human Resources of I.B.M. India Private Limited, Bangalore and Ex.P.27 is the annual income certificate of P.W.1, who is the husband of the deceased and wherein, it is mentioned as Rs.11,40,985/- per annum and the Tribunal has relied on Ex.P.27 and fixed monthly salary of the spouse of the deceased as Rs.95,000/- per month and 1/3rd of income has been fixed as notional income of the deceased per month and 1/3rd has been deducted and Rs.21,110/- per month has been fixed for computing the loss of income. No authenticated document has been produced and the documents produced were not proved as the manner known to law. Merely because of marking some documents, it cannot be taken as proof of document. There is no document with regard to his date of joining in the company, designation, basic salary for a month and other emoluments. However, when a person is earning Rs.95,000/- per month, definitely would be an income tax assessee. PAN Card and Income Tax returns of the spouse of the deceased were not produced before the Tribunal. Therefore, we are of the view that the documents have not been proved in the manner known to law. Under the above said circumstances, We have no hesitation to reject the income of the spouse of the deceased as Rs.95,000/- per month, in the absence of any specific proof. Hence, when the income of the spouse of the deceased is not proved, the fixation of notional income of the deceased at Rs.21,110/- per month is also not correct.