Dhrub Narayan Upadhyay, J. - (1.) THIS appeal has been preferred against the judgment and award dated 1st day of May, 2012 passed by the district Judge -V - cum -Presiding Officer, Motor Vehicle Accident Claims Tribunal, Hazaribagh in connection with Claims Case No. 09 of 2005. This appeal has been preferred by the claimants for enhancement of awarded amount.
(2.) THE fact of the case, in brief, is that the deceased -Satyendra Prasad Sinha was an employee of Jharkhand State Electricity Board, who was returning home from Barhi Chowk on 23rd June, 2004 at about 6.00 p.m., but in the meantime a mini bus, bearing Registration No. BR -13P -2225, being driven rashly and negligently caused dash to Satyendra Prasad Sinha and as a result, he sustained injuries and died. It is contended that the claimants have furnished salary certificate of the deceased -Satyendra Prasad Sinha, which has been marked as Ext. -1, and as per the Salary Certificate, the deceased at the time of his death was receiving net salary to the extent of Rs. 11,615/ -. Learned Tribunal instead of considering Ext. -1 has considered the income -tax return of the year 1997 and as per the return filed by the deceased, the compensation amount has been calculated. The aforesaid calculation made by the Tribunal is apparently incorrect and, therefore, liable to be modified in view of the monthly salary which the deceased had been receiving before his death. Learned counsel has also given a calculation that after deducting one third from the monthly salary, it would come to Rs. 7,742/ - and, therefore, the annual income, which is to be multiplied, would be Rs. 92,904/ -. The Tribunal has selected multiplier 'eight' and, therefore, the compensation amount comes to Rs. 7,43,232/ - and after adding loss of consortium and funeral amount, it would be Rs. 7,50,232/ -. The Tribunal has not directed to pay interest for the awarded amount.
(3.) EVEN assuming it to be correct that no Tribunal was functional for a longer period, the claimants are entitled to get interest at least for two years.;