1 Misc. Appeal No. 299 of 2024 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- Misc. Appeal No. 299 of 2024 ---- The United India Insurance Company Limited represented through the Divisional Manager, Near Saree Sangam, City Centre, PO and PS Sector IV, B.S. City, District Bokaro, Jharkhand (vide Policy No.2107023119P115446911) …… …. … Appellant(s) -- Versus -- 1.Kamleshwar Karmali aged about 49 years, son of late Nageshwar Karmali 2.Binduwa Devi aged about 48 years wife of Kamleshwar Karmali (Both 1- 2) are resident of Village Sillisaram PO Danto PS Kasmar District Bokaro Jharkhand (Claimants) …… Claimants No.1-2/ Respondent No.1-2 3.Balaji Fuels Prop.Rajesh Kumar Agarwal, son of N/A R/o Old NH-33 Datma More, Kuju, Ramgarh Cantt., PO and PS Kuju, District Ramgarh- 325316 (Owner of Bolero Pickup Tanker No.JH24F-4243) ….. Defendant No.1/Respondent No.3. 4.Awadesh Singh, son of Bisheshwar Singh, C/o Balaji Fuels Prop. Rajesh Kumar Agarwal, son of N/A R/o Old NH-33 Datma More, Kuju, Ramgarh Cantt., PO and PS Kuju, District Ramgarh-325316. Permanent resident of Dirmohrara, Roh, Nawada, Bihar (Driver of Bolero Pickup Tanker No. JH24F-4243) ……. Defendant No.3/Respondent No.4 ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Appellant(s) :- Mr. Mukesh Kumar Dubey, Advocate For the Claimant/Resp.Nos.1&2:-Mrs. Soumya Pandey, Advocate For the Respondent Nos.3&4:- Mr. A.K. Sahani, Advocate ---- 6/19.02.2025 Heard the learned counsel appearing on behalf of the appellant as well as the learned counsel appearing on behalf of the respondent no.1 and 2/ 2 Misc. Appeal No. 299 of 2024 Claimants and the learned counsel appearing on behalf of the respondent nos.3 and 4. 2. This appeal has been preferred against the Award Dated 16.01.2024 passed in Motor Accident Claim Case No.63 of 2021 by the Principal District Judge- Cum- Presiding Officer, Motor Accident Claims Tribunal, Bokaro whereby he has been pleased to award a sum of Rs.1,10,05,000/- along with the interest @ 7.5 % per annum from the date of filing of the case, that is, 20.05.2021 till the realization. 3. The only point argued on behalf of the appellant is that in the calculation which has been made by the learned Tribunal is without deducting the income tax deduction, and so far the other grounds taken in the appeal is concerned, the learned counsel for the appellant submits that it has already been decided in the case of M/s Bajaj Aliance General Insurance Company Limited v. Rambha Devi reported in 2024(14) Scale 170. 4. The learned counsel for the claimants who are the respondent nos.1 and 2 fairly submits that the deduction is required to be made in the calculation of the income tax deduction. However, the learned Tribunal has not deducted the same. She submits that to that extent, the Award can be modified. 5. Mr. A.K.Sahani, the learned counsel appearing on behalf of the respondent nos.3 and 4 submits that the vehicle in question was insured with the Insurance Company. 6. In view of the above, from the Award in question it transpires that the learned court has discussed the income at paragraph no.20 in the internal page no.13 of the Award wherefrom it transpires that the deduction of the income tax is not made from the account of ‘salary’. 7. It is settled law that the income tax deduction is required to be deducted, as such, the Award dated 16.1.2024 passed by Principal District Judge- Cum- Presiding Officer, Motor Accident Claims Tribunal, Bokaro is hereby 3 Misc. Appeal No. 299 of 2024 modified to the extent that the income of the deceased deducting the income tax deduction. 8. The Gross salary of the deceased was found at Rs.67,408/- and if income tax is deducted, that will come to Rs.39,207/- and in view of that, the total awarded amount will come to Rs.1,04,62,408/-. 9. In view of above, the Award in question is, hereby, modified to the extent that the Insurance Company will pay a sum of Rs.1,04,62,408/- along with the interest @ 7.5 % as awarded by the learned Tribunal. 10. This appeal is partly allowed in the above terms and stands disposed of accordingly. 11. Pending petition if any also stands disposed of accordingly. 12. The statutory amount deposited by the Insurance Company before this Court will be transmitted back to the learned Tribunal which will be utilized in satisfying the Award. ( Sanjay Kumar Dwivedi, J.) SI/