JUDGMENT :

PARTHIVJYOTI SAIKIA, J.

1. Heard Mr. R. Goswami, learned counsel appearing for the appellant as well as Ms. A.G. Choudhury, learned counsel representing the respondents.

2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (as amended) against the Judgment and Award dated 07.12.2018 passed by the MACT No. 2, Kamrup (M) Guwahati in MAC Case No. 492/2016.

3. The factual matrix leading to filing of this appeal lies within a very short campus. One person died in a motor accident. His wife, his father, his sister and his brother jointly filed a claim petition before the tribunal. The tribunal awarded a total compensation of Rs. 47,90,397/-. The tribunal further held that the father, brother and sister of the deceased are not his dependence and therefore, they are not entitled to any compensation.

4. The learned counsel Mr. Goswami has pointed out that though the tribunal had held that only the wife of the deceased is the dependent then 1/3 of the total yearly income of the deceased should not have been deducted on account of personal expenses of the deceased.