( 1 ) THIS appeal under the Motor Vehicles Act is directed against the judgment and order dated 25th March, 1998 passed by the Motor accident Claims Tribunal (Aux. IV), Kheda at Nadiad in M. A. C. P. No. 368 of 1988 whereby while partly allowing the claim, the Tribunal has directed the opponents to pay a sum of Rs. 2,47, 000. 00 with interest thereon at the rate of 12% per annum from the date of the petition till realisation within two months and also proportionate costs jointly and severally to the applicants. This appeal is at the instance of the claimants for enhancement of the amount of compensation and it is given out that the opponents have not challenged this award.

( 2 ) BRIEFLY stated, the facts of the case are that the accident took place on 2nd January, 1988 when the deceased Harisinh Bilwal was going on Scooter no. GUS-5961 along with the pillion rider and there was a collision between the said scooter and the truck No. GQG-6316 on Kheda Highway in the sim of village Vanoti between Thasara and Dakor. The accident took place at about 5-00 p. m. and in this accident, the scooter driver Harisinh Bilwal as also the pillion rider expired. The Claim Petition No. 368 of 1988 was filed by heirs of the scooter driver Harisinh Bilwal and Claim Petition No. 334 of 1988 was filed by the heirs of the pillion rider, claiming compensation of Rs. 11,30,000. 00 and Rs. 7,00,000. 00 respectively.

( 3 ) THE claimants in Claim Petition No. 368 of 1988 have come up before this Court in this appeal. The main challenge is against the quantum and Mr. M. T. M. Hakim appearing on behalf of the appellants claimants has urged that the amount of Rs. 2,47,000. 00 as has been awarded by the Tribunal is too meagre and is not based on the correct appreciation of the evidence which has come on record.

( 4 ) MS. Jani appearing on behalf of the respondent-Insurance Company has opposed the appeal. She has submitted that the amount of compensation has been correctly determined by the Tribunal and the income of the deceased could not have been taken to be more than Rs. 1,500. 00 per month in view of the fact that as per his own pay-scale, he was getting Rs. 1,334. 00 only at the time of the accident.

( 5 ) HARISINH Bilwal was a member of the S. T. , community and it has been proved that he was working as a Clerk in the office of the Mamlatdar at Thasara and at the time of accident, he was getting Rs. 1,357. 00 per month and he had passed the Departmental Examination and had he not died, he would have been promoted as a Dy. Mamlatdar in the same year. The certificate Exh. 40 and the deposition of Manibhai Vaghela at Exh. 50 who was the colleague of the deceased it has come on record that 11 persons had already received promotion and the witness Manibhai Vaghela himself was getting a sum of rs. 4,700/- per month at the time when he made the deposition before the tribunal. One Motibhai Dabhi at Exh. 54 who was examined at Exh. 56 has also produced the evidence at Exh. 53 and has submitted five certificates and had also produced the certificate that the deceased had passed the Departmental examination and his Number was 203 in the list, at No. 202 was one Mr. K. P. Dave and at No. 204 was one Mr. Bhabhor. Thus, the deceased being at No. 203 would have certainly received the promotion because the candidates at Nos. 202 and 204 both were promoted as Dy. Mamlatdar. The document exh. 57 in the form of statement of the salary shows that in the month of december 1987, the deceased had been paid Rs. 1,334. 00 and in December 1997, his salary would have been Rs. 6,717. 00. The Tribunal after narrating the case on behalf of the claimants in para 8, has mentioned in para 9 that, "i think that the income of deceased should be calculated at Rs. 1,500. 00 per month". Now, this finding according to us is not based on evidence as was made available on behalf of the claimants. We fail to understand as to how the Tribunal thought of the figure of Rs. 1,500. 0