Jyotirmay Bhattacharya, Mrinal Kanti Sinha, JJ.

This miscellaneous appeal is directed against the judgment and/or award dated 13.5.2008 passed by the learned Judge, 4th Court, Motor Accidents Claims Tribunal, Alipore, in M.A.C. Case No. 35 of 2007 at the instance of the claimants. Here is the case where the claimants have lost their young bachelor earning son who died on 2.12.2004 at the age of 24 years 10 months in a road accident due to rash and negligent driving of the offending motor vehicle bearing No. WBV 2617. At the time of his death he was employed as marketing trainee with a private limited company, namely, Lupid Limited. His gross monthly income at the time of his death was Rs. 14,708.22. The learned Tribunal while computing the compensation payable to the claimants held that the gross income of the deceased cannot be taken into consideration for assessment of compensation payable to the claimants. According to the Tribunal, the basic salary of the deceased should be considered as the income of the deceased and the loss of dependency of the dependants should be computed with reference to the basic salary of the deceased. The learned Tribunal, thus, held that Rs.