P.P. Naolekar, C.J.

1. Sailendra Moshahari met with an accident on 20.11.1989 when his motor cycle hit with the army vehicle and as a result of the injury sustained he succumbed to the injuries. Brother of Sailendra Moshahari has filed a claim petition before the Motor Accidents Claims Tribunal, Kamrup at Guwahati. After recording the evidence the Tribunal has recorded the finding that the accident took place on account of negligence and careless driving of the driver of the army vehicle; that at the relevant time the deceased was employed as clerk under the United Bank of India, Jowai Branch and was drawing salary of Rs. 1,508.92. The Tribunal further found that when the evidence was recorded before the Tribunal the salary of the deceased would have been Rs. 6,300.58 with usual increments and revision of pay. At the time of the death Sailendra Moshahari was aged about 23 years and was in the service of the bank for 4 months only. Taking the future prospects of the permanent employee the court has held that the gross income can be safely assumed to be Rs. 5,000. Giving deduction of 1/3rd for his personal expenses the Claims Tribunal has found that he must be spending Rs. 3,3