Satish Chandra, J. - (1.) The present appeal has been filed under section 173 of Motor Vehicles Act, 1988 for enhancement of the compensation, against the judgment and award dated 18.10.2010 passed by the Motor Accident Claims Tribunal, Lucknow in Claim Petition No.104 of 2006, whereby a compensation of Rs. 2,02,000/- along with interest was awarded.
(2.) The brief facts of the case are that on 17.01.2006, at about 10.00 a.m., deceased Mohd. Hameed was going to Jagdishpur on his motor cycle No.U.P.45-A/2544. When he reached near Enhona Bazar, Thana Shiv Ratanganj (Raebareilly), a Tata Qualis No.DL 3C O 0455 was coming from the opposite side hit the motorcycle of the deceased. The driver of Tata Qualis was driving the vehicle negligently and carelessly. The deceased was admitted to the Indo Gulf Hospital, where he died. At the time of incident, the deceased did not wear the helmet. So, in the post-mortem report, head injuries were shown as main cause for his death. The claimant filed the claim petition, where a total compensation of Rs. 4,04,000/- was awarded. Treating the accident as contributory negligence, 50% of the total award i.e. Rs. 2,02,000/- was awarded in favour of the claimants. The said award also includes the funeral expenses, loss of consortium and loss of estate. Being unsatisfied with the award, the claimants have filed the present appeal.
(3.) With this background, learned counsel for the appellants submits that the deceased was working in M/s Premier Agro Industries, Jagdishpur, Sultanpur as Supervisor. His salary was Rs. 4500/- per month, but the Tribunal has taken the notional income of Rs. 3000/- per month.;