ASHIM KUMAR BANERJEE,J. - (1.) The income of the victim was erroneously calculated by the Tribunal. The Tribunal considered the net income on the basis of the salary certificate, which was deprecated by the Apex Court in the case of Shyamwati Sharma and Ors. v. Karam Singh and Ors. In paragraph 9 of the said decision the Apex Court, inter alia, observed, "while ascertaining the income of the deceased, any deductions shown in the salary certificate as deductions towards GPF, Life Insurance premium, repayment of loans etc. should not be excluded from the income. The deduction towards income tax/surcharge alone should be considered to arrive at the net income of the deceased."
(2.) Applying such theory, we modify the award and proceed to calculate the same as follows: JUDGEMENT_332_LAWS(CAL)2_2012_1.html
(3.) The Insurance Company already satisfied the award. Let the differential amount be paid to the claimants together with interest @ 7% per annum on and from 20.4.2006 being the date of making of the claim application till the actual payment is made. The awarded amount already satisfied would also carry interest at the same rate from the date of making of the application till the date of payment.;