Chandigarh: Kin of CRPF cop killed in road mishap awarded ₹92-lakh relief

Around four years after a Central Reserve Police Force (CRPF) cop died in a road accident in June 2021, the Motor Accident Claims Tribunal (MACT), presided over by Rajnish Garg, has directed Oriental Insurance Company and owner of the offending car to jointly pay ₹92.7 lakh to the family of the deceased cop.

The deceased assistant sub-inspector (ASI) Sagan Kumar had died in a motor vehicle accident which took place on June 5, 2021, caused by deceased driver of a Toyota Innova car bearing registration number JK-02-BA-1707, while driving the same in a rash and negligent manner.

The MACT stated that it cannot be held that present claim petition is not maintainable as alleged by the insurance company.

“The insurance company also could not prove as to which material facts were concealed by the claimants. Accordingly, the case is decided in favour of claimants,” the tribunal held.

The MACT also stated that Kavita Kaushal wife of deceased Sagan Kumar herself stepped into the witness box as prosecution witness and tendered into evidence her affidavit wherein she deposed on the lines of claim petition filed by the claimants and again reiterated that her husband had died in an accident.

At the time of his death, gross salary of deceased was ₹73,157 per month. She also provided a copy of service book of deceased as and copy of his salary certificate from 2008-09 to 2021-22.

On the other hand, the insurance company could not lead any evidence to rebut this evidence adduced by the claimants.

“With their unrebutted and unchallenged evidence, particularly the statement of ASI Avdesh Kumar Saroj, claimants have been able to prove that deceased Sagan Kumar was a member of armed forces being employed with CRPF and he was getting salary of ₹73,157 per month at the time of his death. .

The MACT stated that in view of my observations made above and statement made by ASI Saroj, it can be safely held that deceased was getting salary of ₹73,157 per month at the time of his death. Though, it has been stated by Saroj during his cross-examination that income of deceased was taxable under the slab of 10% but no such deduction has been shown in his salary certificate. Even otherwise, law of income tax has changed a lot since after death of deceased and said income of deceased is no more taxable. Therefore, no amount can be deducted towards income tax from the income of the deceased. However, it was stated by said ASI Saroj that apart from other allowances, deceased was getting an amount of ₹17,300 as risk allowance.

He further clarified that risk allowance is only payable when the concerned official is employed in Jammu and Kashmir or Chhatisgarh which are highly risk prone areas. No risk allowance is payable if the official is posted in any other area except above two States. Therefore, said risk allowance cannot be considered as part of salary of the deceased. After deducting said risk allowance of ₹17,300 from last drawn salary of deceased, ₹73,157 monthly salary of deceased comes to ₹56,000.

As per the claim petition, there were five dependents upon the income of deceased, his wife, his two minor sons and his parents.

Apart from it, claimants were also held entitled to receive an amount of ₹18,000 towards loss of dependency and loss to estate and another ₹18,000 towards expenses on last rites of deceased.

“The widow of deceased is also entitled to receive ₹48,000 towards loss of consortium. Thus, claimants are held entitled to receive compensation to the tune of ₹92,56,800,” the tribunal observed.