JUDGMENT

1. The matter comes up on an application preferred under Section 5 of the Limitation Act for condonation of delay in filing the appeal.

2. For the reasons mentioned in the application, the same is allowed and the delay of 163 days in filing the present appeal is condoned.

3. The present appeal has been preferred by the appellant-claimant for enhancement of the amount awarded by the Tribunal against the judgment and award dated 01.09.2016 passed by Motor Accident Claims Tribunal, Bhilwara in MACT Claim Case No. 632/2013, whereby the Tribunal has awarded a sum of Rs. 6,19,995/- in favour of the appellant.

4. With the consent of the parties, the matter is heard finally.

5. Learned counsel for the appellant-claimant submits that the Tribunal has erred while considering the income of the appellant as Rs. 3,500/- per month only, which is on the lower side. He further submits that it is an admitted fact, which has been brought on record, that the appellant was performing the job of a driver and in the year 2008, the driver could have easily fetched an amount of Rs. 6,000/- p.m. He further submits that in the light of the judgments of the Hon'ble Supreme Court in the case of Pappu Deo