AIR 1984 (NOC) 119 (ALL) ::(1984) 1 ACC 380 ::(1984) ACJ 121 ::(1984) 1 TAC 330 ::(1983) 9 All LR 300 ::(1983) All WC 479 ::1983 All WC 638 ::1983 All CJ 289 ::1983 All CJ 223 ::(1983) 2 RenCJ 85 ::(1983) UPLBEC 199

Allahabad High Court

Hon'ble Judge(s): K. N. Singh, D. N. Jha , JJ

(A) Motor Vehicles Act (4 of 1939) , S.110B— Accident - Death - Compensation - Determination - Deceased, Gazetted Officer, Junior Engineer, earning salary of about Rs. 1,000/- Held, in view of his status, he must have been contributing only Rs. 500/- towards welfare of family and retaining Rs. 500/- for himself and contribution to family must be computed on that basis for the period up to his date of retirement - Evidence of wife that he was retaining only Rs. 150/- for himself was rejected as evidence coming from highly interested witness. Evidence Act (1 of 1872) , S.3— (Para 4) (B) Motor Vehicles Act (4 of 1939) , S.110B— Death - Compensation - Computation - Death of Junior Engineer at the age of 28 yrs. - Computation of contribution to family welfare should be done by taking longevity as 65 yrs. - Held, in absence of evidence as to pension the deceased would have drawn, it should be taken to be Rupees 400/- and he should be deemed to have earned about Rs. 600/- extra, being a technical person by taking up some avocation and should be deemed to have contributed Rs. 400/- for welfare of his widow as daughter would have been married long before retirement, and compensation after retirement should be computed on that basis. (Para 5) ....