Hon’ble Vishnu Chandra Gupta, J.—Challenge in this first appeal against final order under Section 173 of Motor Vehicles Act (for short the ‘Act’) is an award dated 8.1.2001 passed in Motor Accident Claims Petition No. 273 of 1998 by 5th Additional District Judge, Unnao/Motor Accident Claims Tribunal (hereinafter referred to as the ‘Tribunal’), wherein in the petition filed for compensation by parents, brother and sister of deceased Imran Warsi, who died in Motor Accident, a compensation of Rs. 1,50,000/- was awarded. Dissatisfied with the amount of compensation the claimants preferred this appeal.

2. The brief facts of this case are that according to the claim petition one Imran Warsi, aged about 28 years, a business man having his establishment known as Silver Green, Parade Road, Kanpur, was going from Lucknow to Kanpur on 1.2.1998. When his own Maruti car having registration No. U.P. 78 R-8613 reached at Lucknow-Kanpur road near Singh Hotel, Nababganj Town within the area of Police Station Ajgain, District Unnao a bus having registration No. U.P. 32-T-7270 hit the car driven by Imran Warsi. In this head on collision bus came in wrong side. The driver driving the bus rashly and negligently in high speed lost control over bus causing grievous injuries to Imran Warsi. Imran Warsi was taken to District Hospital, Unnao from where he was referred to Kanpur. Before reaching to the hospital at Kanpur Imran Warsi succumbed to the injuries and declared death when he was at hospital in Kanpur.

3. It was further pleaded that deceased was the only earning member of his family. He was earning Rs. 15,000/- per month and was Income Tax payee. He paid the tax upon the income of Rs. 67,260 during the financial year 1997-98 i.e. year ending of 31st of March, 1998.

4. The petition was contested by the owner of the bus Niraj Maurya and National Insurance Company Ltd., the insurer of the bus. On the basis of pleadings of the parties several issues were framed. The parties adduced their evidence but non of the respondents i.e. owner and insurer of the bus adduced any oral evidence. After considering the evidence on record the Tribunal held that the accident was occurred due to sole negligence of driver of bus in which Imran Warsi succumbed to the injuries. It was not a case of composite negligence it was further held that the bus was being driven by a valid driving licence holder at the time of accident and the same was duly insured with respondent No. 2 on the date and time of accident.

5. While awarding the compensation the Tribunal assessed the income of deceased at Rs. 45,000/- per month. It was further held that the father of the deceased Mohd. Usman Warsi is only dependent legal heir who is more than 60 years of age on the date of accident. After applying the multiplier of 5 and after deducting 1/3rd amount towards own expenses of the deceased awarded the compensation of Rs. 1,50,000/-.

6. Heard the learned counsel for the parties and perused the record of appeal as well as of Tribunal.

7. It is an appeal of the Claimants-Appellants challenging the quantum of compensation. Some other issues relating to compensation and entitlement are also involved in this appeal. No appeal or cross objections have been filed either by the owner or the insurer of the bus.

8. The learned counsel for the appellant submitted that the Tribunal has wrongly assessed the income of the deceased at Rs. 45,000/- per annum though in the income tax return of the same financial year the net taxable income of Rs. 67,260/-was shown, therefore, the assessment of the income is manifestly erroneous and is liable to be set aside. The income of the deceased should be taken at least of Rs. 67,260/- for the purpose of computation of compensation.

9. Learned counsel for the appellants further submitted that the Tribunal has erred in not awarding the pendente lite interest and has violated the mandate as contained in Section 171 of the Act. He also submitted that awarding of inte