SAUMITRA DAYAL SINGH,J. - (1.) The present claim for enhancement arises from the award dated 18.09.2003 passed by Motor Accident Claims Tribunal/Additional District Judge, Allahabad in M.A.C.P. No. 662 of 1998.
(2.) It is a death case. It appears, no cross appeal has been filed by the insurer or owner. Thus, the liability of compensation stands confirmed against the insurer, respondent no. 2.
(3.) Learned counsel for the claimants submits, the claimants being parents of the deceased had fairly stated before the Tribunal, the deceased was working as a hawker in a gas agency and was earning Rs. 80-100 per day. He also submits, the Tribunal erred in assuming the income of the deceased at Rs. 80/- per day and further committed an error in assuming that the deceased would have worked for only 25 days in a month.;