The Delhi High Court has held that a person who is killed in a road accident should be compensated on the basis of revised salary of the Sixth Pay Commission which was implemented retrospectively from 2006.
The Court turned down the plea that revised salary could not be considered because the accident took place in 2007 and the Pay Commission had submitted its report in 2009.
“Since the Pay Commission recommendations had been implemented with effect from January 1, 2006, the salary of the deceased stood revised from 1st January, 2006, and on the date of death, although the Pay Commission Report had not come, his salary stood revised because of the fact that the Pay Commission recommended revision of salaries with effect from January 1, 2006,” the Court said.
The Court dismissed the appeal of Haryana Roadways, whose vehicle was involved in the accident in which a CRPF personnel lost his life, that compensation be awarded on the basis of salary he was drawing at the time of the accident.
The Court upheld the order of the Motor Accident Claim Tribunal awarding a compensation of Rs.25 lakh to the deceased on the basis of his revised salary on the recommendation of the Pay Commission. “I consider that the Tribunal rightly took into account the revised salary of the deceased for computing the compensation,” the Court said.