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2016 Supreme(Jhk) 818

AMITAV K.GUPTA
Md. Asadullah, S/o Fariduddin Ahmad – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant : Mr. Shahid Khan, Md. Razaullah Ansari
For the Respondent: Mr. Pratyush Kumar

ORDER :

Amitav K. Gupta, J.

This appeal has been preferred for enhancement of the compensation award of Rs.Rs. 5,39,600/- by order dated 16.06.2012, in Claim case no. No. 159/2005, passed by the Vth, District Judge-cum-Presiding Officer, Motor Vehicle Accident Claims Tribunal, Hazaribagh (hereinafter to be referred as Tribunal) to be paid to the claimants/appellants by the respondent/opposite party no. 1.

2. Mr. Shahid Khan, learned counsel for the appellant has submitted that the learned Tribunal has committed an error in law while computing the compensation as it has assessed the salary payable to the deceased at Rs. 5,589/- rounded off to Rs. 6,000/- on the basis of Exbt.-2(certified copy of salary register). It is pointed out by the learned counsel that Exbt.-1 is the salary certificate issued by the Headmaster, wherein it has been mentioned that deceased's salary was Rs. 9,251/- for the month of April, 2003. It is urged that the Tribunal has failed to appreciate that Exbt.-2 was with respect to only 18 days' salary and not for the entire month. It is further submitted that the deceased was a school teacher in a Government school and she was aged 38 years hence the Tribunal should










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