The High Court said that“I reject the Court’s observations that there was 50% contributory negligence by the deceased in the said accident and I hold that the faulty tempo driver is solely responsible for the accident that occurred. The Court considered the salary income of the deceased at Rs.31,563/- when calculating the compensation. The Court withheld 20% income tax. No reason was given by the Tribunal for the said deduction. The annual salary income of the deceased was less than Rs.5,00,000/- so the income tax deduction should be 10%. Therefore, I am considering a 10% deduction for income tax.
In view of the above, the bench allowed the appeal and declared that the appellants are entitled to an increased amount of Rs.25,59,320/- with 6% interest thereon from the date of filing of the claim request until it is carried out.
Case title: Mohini Mohanrao Salunke vs. Ramdas Hanumant Jadhav
Bench: Judge SG Dige
Case no: FIRST CALL NO. 569 FROM 2022
Appellant’s attorney: MRB Deshpande
Counsel for the Respondent: MHA Patankar
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