NATIONAL INSURANCE COMPANY LIMITED Vs. SHARDA & OTHERS

JUDGEMENT

(1.) This is an appeal against the judgment and award dated 20 th February, 2009 passed by the Judge, Motor Accident Claims Tribunal, Bikaner, vide which, the claimants have been awarded Rs.9,29,000/- as compensation.

(2.) The only argument raised by the learned counsel for the appellant is that the income of the deceased has been assessed on the higher side. It was further stated that while computing the income, the net salary should have been taken into consideration and not the gross salary. In the present case, the salary was Rs.3,000/- and allowance was Rs.3750/-. The allowance is essentially paid to the driver for his day-to-day expenditure during his vehicle driving.

(3.) Therefore, the amount termed of allowance cannot be computed towards income.