JUDGMENT :

MALASRI NANDI, J.

1. Heard Mr. V.K. Barooah, learned counsel appearing for the appellant and Mr. A. Mannaf, learned counsel appearing on behalf of the respondents.

2. The Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the Judgment and Award dated 29.04.2016, passed by the learned Additional District Judge No. 2, Kamrup (M), Guwahati, in MAC Case No. 234/2014, awarding compensation amounting to Rs. 13,23,500/- (Rupees Thirteen Lakhs Twenty-Three Thousand Five Hundred) only in favour of the respondents/claimants.

3. The factum of accident has not been challenged in this case. The learned counsel for the Insurance Company has argued that the learned Tribunal committed illegality in making statutory deduction of one-fourth from the income of the deceased. In fact, there were three dependants and accordingly, such deduction should have been one-third in place of one-fourth. The father cannot be treated as a dependant. As such, the deduction should be one-third of his income.

4. It is also submitted by the learned coun