JUDGMENT :

Heard Mr. A.J. Saikia, learned counsel representing the appellant as well as Mr. R.K. Jain learned counsel appearing for the respondent.

2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and order dated 28.08.2025 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur at Tezpur in MAC Case No.12/2011.

3. On 21.10.2010, an accident took place and in that accident, Tankeswar Kalindi, the handyman of vehicle no. AS-12B-3202 lost his life. The claim petition was filed by his wife. The Tribunal awarded a compensation of Rs.17,16,750/-along with interest @ 7% per annum upon the said amount.

4. The learned Tribunal held the monthly income of the deceased at Rs.6,500/-.

5. The present appeal has been filed only on the ground that the Tribunal has erroneously held the monthly income of the deceased to be Rs.6,500/-only.

6. I have considered the submissions made by the learned counsels of both sides.

7. The Tribunal relied upon the evidence of CW.3 who stated that the deceased used to earn a salary of Rs.5,000/-per month and he used to earn Rs.50/-everyday as daily allowance. On the basis of the aforesaid evidence, the Tribunal he