JUDGMENT :

Bhaskar Bhattacharya, J.

This appeal under section 173 of the Motor Vehicles Act is at the instance of the Insurance Company and is directed against the award dated 13th June, 2005 passed by the Presiding Officer, M.A.C.Tribunal (Auxi.), Rajkot in M.A.C.P. No. 823 of 1998 thereby awarding a sum of Rs.8,30,000/- with interest at the rate of 9% per annum from the date of filing of the claim application till realisation.

2. Being dissatisfied, the insurance company has come up with present appeal.

3. It appears from the record that on 16th March, 1998 while the victim was travelling on his own Suzuki motorcycle being GJ -3Q -5782, a truck bearing registration no. GJ-13 -T- 5937 came from behind and dashed with the rater portion of the motorcycle, resulting in death of the victim.

4. According to the claimants, the victim used to earn Rs.5000/- a month by doing diamond polishing work as well as agricultural work and prayed for awarding a sum of Rs.7,00,000/-.

5. The Tribunal below on consideration of material on record came to the conclusion that there was absolute negligence on the part of the truck and thus, the claimants were entitled to get compensation. Regarding income of th