RAFIQ, J.—This appeal filed by claimants seeks to challenge the award of the Motor Accident Claims Tribunal, Neem Ka Thana, Sikar dated 18.10.2001 for enhancement of the amount of compensation.

2. Contention of learned counsel for the appellant is that deceased Jagdish Prasad was a driver. Her widow AW-1 Muli Devi in her statement has stated that his employer Babudeen was paying him Rs.3,000 per month. Babu Deen has himself appeared as AW-3 in witness box and stated that deceased Jagdish was driver of his truck no.RNG-1097 which met with the accident. The heavy vehicle trailor that was insured with the respondent insurance company, hit the truck due to which deceased died. This witness has further stated that he is paying Rs.3,000 per month to deceased, however, the own expenses were borne by the deceased himself. The Tribunal wrongly discarded that evidence on the plea that the owner of the truck AW-3 Babudeen did not produce the record or account books to show that he was paying Rs.3,000 to deceased as salary. Learned counsel submitted that there was no justification for accepting the daily income of the deceased to be Rs.60 per day and on that basis monthly income at Rs.1,800 whe

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