KAUSHAL JAYENDRA THAKER, J.

1. Heard Sri Y.S. Bohra, learned counsel for appellant-claimants and Sri Brijesh Chandra Naik, Advocate for respondent- insurance company. None for the owner.

The parties are referred to as claimants and respondents hereinafter.

2. This appeal, at the behest of claimants, challenges the judgment and award dated 22.05.2001 passed by Motor Accident Claims Tribunal/VIth Additional District Judge, Meerut (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 349 of 1999 awarding a sum of Rs.7,15,300/- with interest at the rate of 9%.

3. The accident is not in dispute. The issue of negligence is decided in favour of the appellant herein. The Insurance Company has not challenged the liability imposed on them by the Tribunal. The only issue to be decided is the quantum.

4. It is submitted by learned counsel for the appellant that the Tribunal has considered Rs.19,022/- per month but has deducted Rs.8,000/- towards family pension thereby granting the datum figure as Rs.11,022/- per month which is unjust, as the amount receivable under the family pension cannot be deducted is the mandate of Apex Court in Mrs. Helen C. Rebello and others Vs. Maharashtra Stat