U.K. Dhaon and A. Mateen, JJ. - (1.) The instant F.A.F.O. arises against the judgment and award dated 28th November, 2002 passed by the Additional District Judge/Motor Accidents Claims Tribunal, Barabanki, thereby awarding a sum of Rs. 4,96,600/- alongwith interest @ 9% per annum by way of compensation to the heirs of the deceased.
(2.) Heard Shri M.S. Kotwal, learned Counsel for the appellant and Sri Rajendra Jaiswal appearing on behalf of the claimant-respondents.
(3.) Learned Counsel for the appellant submits that according to the statement of Smt. Kalawati, PW 1 the per day income of the deceased was Rs. 80/- only and the Claims Tribunal has wrongly assessed the income at Rs. 120/- per day. He further submits that the Tribunal has wrongly assessed the compensation and computing the income at the rate of Rs. 80/- per day, the income of the petitioner for the purposes of compensation will come to Rs. 1,600/- only per month after deducting l/3rd on personal expenses and after applying the multiplier of 17, the amount of compensation will come to Rs. 3,26,400/- only.;