ORDER

This Miscellaneous Appeal has been filed against the judgment and award dated 04.12.2012 and 14.01.2013 respectively passed by learned Additional District Judge, Motor Accident Claims Tribunal, Madhepura in Claim Case No. 23 of 2010 whereby Claimant Nos. 1 and 3 were found entitled to get compensation for vehicular accidental death of deceased and Insurance Company appellant was directed to pay compensation amount of Rs. 41,68,880/- with 6 per cent simple interest over the same from the date of filing of the claim i.e. 11.06.2010 till the realization from the Insurance Company and payment to the Claimant Nos. 1 and 3.

2. This appeal is preferred by the Insurance Company mainly on two grounds:—

(A) The accident so caused by an unknown vehicle thereby the case will come into the ambit of Section 161 Motor Vehicle Act, 1988.

(B) The award has been calculated without deducting the income tax from the gross income of the deceased.

3. The case of the claimants, in short, is that Dr. Amarnath Singh (deceased) aged 58 years on the date of the accident i.e. 14.03.2009, while travelling with his daughter-in-law, namely, Runa Singh and grandson by their own car bearing Registration No. BR-10