G.P. MITTAL, J.

1. The Appellant Municipal Corporation of Delhi impugns the judgment dated 10.01.2007 passed by the Motor Accident Claims Tribunal, (the Claims Tribunal) whereby a compensation of Rs.1,70,296/-was awarded for the death of Vinod Kumar Joshi who was aged about 23 years and a bachelor at the time of the accident, which occurred on 31.10.2001. No Cross Appeal/Cross Objections have been filed by the First Respondent.

2. The following contentions are raised on behalf of the Appellant:-

(i) The Claims Tribunal failed to record any finding on negligence, yet decided the issue of negligence against the Appellant; and

(ii) There was no proof of the deceased’s income; his income was taken as per minimum wages of an unskilled worker but were increased by 50% towards the future prospects without any basis.

3. On the other hand, it is submitted on behalf of First Respondent that the negligence was duly proved from PW-2’s testimony. The compensation awarded was very low.

4. On the issue of negligence, the Claims Tribunal held as under:-

“9. The factum of the accident is not disputed. The petitioner has claimed that it had occurred due to the negligence of respondent No.1, d