RINA MUKHERJEE Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) INSTEAD of hearing the application for early disposal of the appeal, we have heard the learned Advocate for the parties on the merit of the appeal itself by treating the same as on day's list as the appeal can be disposed of on a pure question of law.

(2.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 is at the instance of a claimant and is directed against the order dated 8th June, 2005 passed by the Additional District Judge, 2nd Court, Asansol, District-Burdwan and the Motor Accident Claims Tribunal, in M. A. C. Case No. 22 of 2004 by which the Tribunal modified its earlier order dated 19th May, 2005 by directing the Insurance Company to pay Rs. 9,35,348/- instead of Rs. 9,17,660/- ordered vide award dated 19th May, 2005.

(3.) IT appears from record that initially the claim application being m. A. C. Case No. 22 of 2004 was disposed of by directing the Insurance company to pay Rs. 11,53,412/ -. Being dissatisfied, the Insurance Company filed an application under Order XLVII Rule 1 read with Section 151 of the code of Civil Procedure for review of the said award on the ground that while assessing the amount of the income of the victim, the Tribunal below took into consideration the gross salary whereas the different High Courts and the supreme Court have consistently held that the calculation of the awarded amount should be made on the basis of net salary.