IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.258 of 2009 THE DIVISIONAL MANAGER ORIENTAL INSURANCE COMPANY LTD. MUZAFFARPUR THROUGH SRI BENUDHAR BASUMATARY, REGIONAL MANAGER AND DULY CONSTITUTED ATTORNEY ORIENTAL INSURANCE COMPANY LTD. REGIONAL OFFICE ORIENTAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE PIR MOHANI KADAM KUAN PATNA 800001 …… OPP. PARTY NO.2/APPELLANT Versus 1. PUSHPA MISHRA WIFE OF LATE VIJAY KR. MISHRA …(CLAIMANT NO.1) 2. SMT. CHANDRIKA DEVI WIFE OF KAMESHWAR MISHRA … (CLAIMANT NO.2) 3. KAMESHWAR MISHRA SON OF LATE SRIKANT MISHRA …. (CLAIMANT NO.3) 4. ARTI KUMAR DAUGHTER OF LATE VIJAY KR. MISHRA …. (CLAIMANT NO.4) 5. VIKAS KUMAR SON OF LATE VIJAY KR. MISHRA …. (CLAIMANT NO.5), ALL RESIDENTS OF VILLAGE SAHILA, P.O. & P.S. HASHAWARI, DISTRICT MUZAFFERPUR] 6. ANOJ KUMAR SON OF CHANDESHWAR RAI RESIDENT OF BIBIGANJ, P.O. BHAGWANPUR, P.S. SADAR, DISTRICT MUZAFFERPUR … (OWNER OF THE VEHICLE) … RESPONDENTS ----------- 7. 14.2.2011 The appellant is aggrieved with the judgment and award dated 8.12.2008 and 18.12.2008 respectively by the Motor Vehicle Claims Tribunal-cum-5th Additional District Judge, Muzaffarpur in M.V. Claim case No.275 of 2005, by which it has wrongly calculated the compensation amount on the gross salary instead of calculating it on the net salary. In view of the simple point involved in the matter, the orders impugned are set aside and the matter is remitted to the Motor Vehicle Claims Tribunal-cum-5th Additional District Judge, Muzaffarpur in M.V. Claim case No.275 of 2005 for immediately calculating the compensation amount on the basis of net salary and - 2 - passing appropriate orders. The appellant is also directed to immediately disburse the sum amount after calculation is done and the entire exercise should be concluded in the next three months of the receipt of the order. The amount of Rs.25,000/- deposited by the appellant before this Court as statutory amount be remitted to the court below also for disbursement to the claimant which shall be adjusted in the final compensation amount. With these observations, the appeal is disposed of. Narendra/ ( Anjana Prakash, J. )