SURESH KAIT, J. - (1.) THE present appeal is preferred against the impugned award dated 14.07.2011, whereby the learned Tribunal has granted compensation for a sum of Rs.20,68,259/ - with interest at the rate of 7.5% per annum from the date of filing of the petition till the notice under Order XXI Rule 1 CPC was given by the Insurance Company.
(2.) VIDE the present appeal, the appellants/claimants are seeking enhancement of the compensation amount as noted above. Learned counsel appearing on behalf of the appellants/claimants argued that PW2, Sh.Bhogender Jha, official of the department where deceased was working, has proved the salary slips of the deceased for the months of June, 2010 and July, 2010 as Ex.PW2/7 and PW2/8 respectively, wherein net salary of the deceased has been shown as Rs.15,798/ -, which includes conveyance allowance of Rs.3,195/ -. He submitted that while assessing the salary of the deceased, the learned Tribunal deducted the said conveyance allowance and accordingly taken the salary of the deceased as Rs.12,603/ - per month.
(3.) LEARNED counsel further submitted that the learned Tribunal has erred in considering that as per Ex.PW2/7 and PW2/8, gross salary of the deceased was Rs.15,798/ -, rather it was his net salary after deducting a sum of Rs.702 towards PF subscription from the gross salary of Rs.16,500/ -, as has been shown in the salary slip. He submitted that while assessing the monthly salary of the deceased, the learned Tribunal ought to have added aforesaid sum of Rs.702/ - which is part of the salary.;