Kaushal Jayendra Thaker, J.

Heard learned counsel holding brief of Sri Ram Singh for the appellant and Sri Arun Kumar Shukla for the respondent - Insurance company. None appears for the owner.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 16.7.2004 passed by Motor Accident Claims Tribunal, Allahabad, (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No. 829 of 1998 awarding a sum of Rs. 3,77,000/- with interest at the rate of 6 per cent for the injuries suffered by the claimant - appellant, who has amputation on his lower limb.

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.4,000/- per annum which is unjust even in the year of accident. It is submitted that the income of the injured should have been considered to be at least twi