RITESH KUMAR Vs. SUNIL KUMAR

JUDGEMENT

(1.) HEARD .

(2.) THIS is an Appeal seeking enhancement of the award granted by learned 1st Additional District Judge, Nalanda at Biharsharif -cum -Motor Vehicle Accident Claim Tribunal, Nalanda at Biharsharif vide order dated 10th December 2009 in Claim Case No. 22 of 2003 against death of one Tanik Kumar. Since there is no dispute as regard to manner of accident, death and identity of the claimants etc. there is no need to go into further details.

(3.) The only point taken by the learned counsel for the appellants is that Claim Tribunal has awarded the compensation only on basic salary of the deceased but for no reason failed to refer or notice Exhibit -7 the TDS issued by the employer indicating salary, different deductions and liability of income tax etc. This Exhibit -7 indicates gross salary of the deceased during the period 2001 -02 is Rs. 1,22,096/ - and taking into consideration compulsory deductions he was not liable to pay any income tax. Consequently, nothing was deducted at source.