- (1.) THIS appeal by the appellant insurance company is directed against the judgment and award dated 28. 2. 2006 passed by the Motor Accidents claims Tribunal, Bokaro in Title (M. V.)Suit No. 24 of 2003 awarding compensation of Rs. 11,61,500. Learned counsel for the appellants assailed the impugned award only on the ground that the Claims tribunal while assessing compensation has considered the gross salary of the deceased instead of net salary.
(2.) ADMITTED facts are that deceased was an employee of Central Coalfields Ltd. , a kalyani Project and was aged about 58 years. The Tribunal considering his gross salary as Rs. 18,000 calculated compensation amount. Before Tribunal the payslip and the deduction chart of the deceased employee was produced which was marked as Exhs. 3 and 3/1. The Tribunal taking into consideration the Exhs. 3 and 3/1 noticed that the gross salary of the deceased was Rs. 12,914. 62 and his net salary was rs. 11,003. In spite of the aforesaid document the Tribunal calculated compensation by taking gross salary of the deceased. As referred to hereinabove, the compensation shall have to be assessed by taking take-home salary which the deceased was getting at the time of his death. If the 1/3rd of the net salary is deducted then monthly dependency comes to Rs. 7,400 and the annual dependency shall be at Rs. 88,000 approximately.
(3.) TAKING into consideration that the deceased was aged about 58 years and only 2 years of service was left, a multiplier of 8 shall be appropriate and by multiplying with 8 years of purchase, compensation amount comes to Rs. 7,10,400 approximately. In the aforesaid premises, in our considered opinion, a sum of Rs. 7,50,000 shall be just and reasonable compensation.;