Skip to main content

HC on adopting revised salary to arrive at compensation

Madras High Court Bench has ruled that if the pay revision for an employee who died in a mishap comes into effect from the date when that person was alive, then adoption of revised salary for arriving at compensation cannot be said to be illegal.

The addition of 30 per cent towards future prospects was also correct as the deceased, in this case a professor, was 46 years old when he died. "If the age is between 40 and 50, addition of income for future prospects should be 30 per cent. The trial court is correct in fixing the compensation," Justices V Ramasubramanian and V M Velumani said.

Prof. Ramaswamy died in a road mishap on July 10 2006.

The tribunal took into account that though the Professor's last drawn pay was Rs 29,320, the Sixth Pay Commission's recommendations were implemented from Jan 1 2006. It then fixed his last drawn salary as Rs 49,710 and arrived at a compensation of Rs 58,89,652.

The New India Assurance company assailed the finding, saying the Commission's recommendations of Mar 2008 were implemented only in 2009, much after the death of the victim.

However the Judges said this could not be accepted as the salary had been revised with retrospective effect from Jan 1 2006. Therefore the claimants would have received the arrears arising out of such revision for Jan 1-Jul 10 2006 period.

They were also entitled to add 30 per cent towards future prospects. Besides the Multiplier should have been 13 (13 more years of service) and not 12, as the petitioner was 46 years old, the Judges said and awarded total compensation of Rs 63,61,907 with 7.5 per cent interest.

The judges said the money should shared among the three claimants equally.

Article referred: http://www.business-standard.com/article/pti-stories/hc-on-adopting-revised-salary-to-arrive-at-compensation-114051600125_1.html

Comments

Most viewed this month

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...

Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...

Christian who reconverts as Hindu SC will get quota benefits

Amid the controversy over “ghar wapsi”, the Supreme Court on Thursday ruled that a person who “reconverts” from Christianity to Hinduism shall be entitled to reservation benefits if his forefathers belonged to a Scheduled Caste and the community accepts him after “reconversion”. Citing articles by B R Ambedkar and James Massey, and reports by Mandal Commission and Chinappa Commission, the court said: “There has been detailed study to indicate the Scheduled Caste persons belonging to Hindu religion, who had embraced Christianity with some kind of hope or aspiration, have remained socially, educationally and economically backward.” The bench of Justices Dipak Misra and V Gopala Gowda held that a person shall not be deprived of reservation benefits if he decides to “reconvert” to Hinduism and adopts the caste that his forefathers originally belonged to just because he was born to Christian parents or has a Christian spouse. Expanding the scope of a previous Constitution benc...