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Judgment
D. Hariparanthaman, J.—This Civil Miscellaneous Appeal has been filed by the appellant against the award made in M.C.O.P. No. 134 of 2005, dated 14.12.2005, on the file of the Motor Accident Claims Tribunal, II Additional District Court, Tirunelveli.
The appellant questions only the quantum of compensation. The deceased was a Headmaster in a Primary School and admittedly his gross salary was Rs. 11,320/- and he received Rs. 7,000/- as net salary. The Tribunal took Rs. 8,000/- as monthly earnings of the deceased and computed the compensation. The learned Counsel for the appellant submits that when net salary was Rs. 7,000/-, the Tribunal had erroneously taken Rs. 8,000/- by adding Rs. 1,000/-, as monthly earnings of the deceased, for computation of the compensation.
This is the only ground urged by the learned Counsel for the appellant.
This matter is squarely covered by the decision of the Honourable Apex Court in National Insurance Company Limited v. Indira Srivastava and Ors. reported in 2008 (1) TNMAC 166 (SCC), wherein the Honourable Apex Court has categorically held that gross salary has to be taken into account for computation of compensation.
Hence, there is no merit in the appeal and the appeal fails. Accordingly, this Civil Miscellaneous Appeal is dismissed. Consequently, the connected Miscellaneous Petition is dismissed. No costs.