SAHJAHAN KHATOON Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The claimants are the appellants herein in this appeal which arises out of the judgment and award dated 20.2.2003 passed in M.A.C. Case No. 141 of 2001 by the Motor Accidents Claims Tribunal, First Court, Asansol.

(2.) In this appeal, the only question that has been raised on behalf of the claimants- appellants is in relation to the computation of compensation. In particular, it was contended on behalf of claimants-appellants that the Tribunal has committed wrong by computing such compensation by taking into account the net income of the victim.

(3.) It appears from Exh. 5 that at relevant point of time the victim used to draw a gross salary of Rs. 10,464.94 per month. Claims Tribunal has taken into account the net monthly salary of Rs. 7,490 of the victim for the purpose of such computation. Furthermore, Claims Tribunal has made a further deduction of Rs. 1,490 from the said net monthly salary and has, therefore, determined the amount of compensation, on the basis of monthly income of the deceased at Rs. 6,000 only on average.