S.K.Keshote, J. - (1.) Heard the learned counsel for the parties and perused the entire record of the miscellaneous appeal.
(2.) This appeal under section 173 of the Motor Vehicles Act, 1988, is directed by the claimants-appellants against the award dated 1.11.2000 passed by learned Motor Accidents Claims Tribunal, Hindaun City, in Claim Petition No. 102 (A) of 1999. Under the impugned award the learned Tribunal awarded a sum of Rs. 2,10,000 as compensation in favour of the claimants-appellants for the death of Jamna Lal in the motor vehicle accident that took place on 27.6.1999.
(3.) Learned counsel for the claimants-appellants submitted that learned Tribunal, as per the Second Schedule to the Motor Vehicles Act, 1988, has taken the yearly income of the deceased at Rs. 15,000, but it has committed a serious error in deducting 1/3rd therefrom towards his personal expenses. In his submission this deduction is not permissible and he, in support of his submission, made reference to the decision of Hon'ble Supreme Court in Manju Devi v. Musafir Paswan, 2005 ACJ 99 (SC).;