Merely because of the Tribunal's award is more than the claim made, the same cannot be interfered with unless it is shown that the award is otherwise unjust or exorbitant. In the case on hand, the deceased was working in the Army and aged only 26 years. Therefore, the Tribunal has taken the monthly income at Rs.11,100/- (Rupees Eleven Thousand and One Hundred only) on the basis of the salary certificate produced and added 50% of the same towards future prospects and fixed the monthly income at Rs.16,650/- (Rupees Sixteen Thousand Six Hundred and Fifty only). After deducting 1/3rd amount towards his personal expenses and also deducting 10% towards income tax, the Tribunal has arrived at the annual loss of income at Rs.1,19,880/- (Rupees One Lakh Nineteen Thousand Eight Hundred and Eighty only). Adopting the multiplier of 17, the total compensation on the head of 'loss of dependency' has been fixed at Rs.20,37,960/- (Rupees Twenty Lakhs Thirty Seven Thousand Nine Hundred and Sixty only). The deduction of 1/3rd amount for personal expenses for Army Personnel itself, is on the higher side, because Army Personnel are provided with their needs at concessional rates. However, the said deduction is not challenged by the claimants.
