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Judgment
Akhilesh Chandra, J.—Heard.
This is an Appeal seeking enhancement of the award granted by learned 1st Additional District Judge, Nalanda at Biharsharif-cum-Motor Vehicle Accident Claim Tribunal, Nalanda at Biharsharif vide order dated 10th December 2009 in Claim Case No. 22 of 2003 against death of one Tanik Kumar. Since there is no dispute as regard to manner of accident, death and identity of the claimants etc. there is no need to go into further details.
The only point taken by the learned counsel for the appellants is that Claim Tribunal has awarded the compensation only on basic salary of the deceased but for no reason failed to refer or notice Exhibit-7 the TDS issued by the employer indicating salary, different deductions and liability of income tax etc.
This Exhibit-7 indicates gross salary of the deceased during the period 2001-02 is Rs. 1,22,096/- and taking into consideration compulsory deductions he was not liable to pay any income tax. Consequently, nothing was deducted at source.
Deceased was aged about 51 years on the fateful day. Hence, due multiplier is 11 and Claim Tribunal has also applied the same. Consequently, if his gross salary Rs. 1,22,096/- is multiplied by 11, it comes to the tune of Rs. 13,43,056/- from where 1/3rd is to be deducted as personal expenditure of the deceased bringing to the tune of Rs. 8,95,371/-.The Claim Tribunal has further added Rs. 7,000/- as necessary expenditure on cremation etc. Adding the above the total amount of compensation comes to the tune of Rs. 8,88,371/- round up Rs. 8,88,370/-
Accordingly, the insurer is directed to make payment of the amount so calculated as stated above deducting the amount already paid within a period of two months from today with interest @ 6 % per annum from the date of filing of the application till actual amount shall be received by the claimant.
With the above modification in the award dated 10th December 2009 passed by learned 1st Additional District Judge, Nalanda at Biharsharif-cum-Motor Vehicle Accident Claim Tribunal, Nalanda at Biharsharif in Claim Case No. 22 of 2003, this Appeal stands disposed of.