KAILASH GAMBHIR, J.

( 1 ) THE appellants have filed the present appeal under Section 173 of the Motor Vehicles Act 1988, feeling aggrieved with the order dated 21. 2. 2004 passed by the Motor Accident Claim Tribunal. The appellants are primarily aggrieved on two counts; firstly that the Tribunal has not taken into consideration the monthly income of the deceased which was stated to be rs. 2,500/- per month, secondly the Tribunal has not given directions to the insurer to pay the award amount and thereafter to recover the same from the owner of the offending vehicle.

( 2 ) IN support of his first contention counsel for the appellants has relied upon the statement of PW-2, father of the deceased who has categorically stated in examination-in-chief that the deceased was earning Rs. 2,500/- per month at the time of his accident. The submission of the counsel for the appellants is that once the clear cut deposition was made by the witness, the tribunal ought not to have taken any other income to be the salary of the deceased.

( 3 ) I do not find any force in the submission of the counsel for the appellant as in the cross-examination of PW-2 the witness has stated that he was not in a