JUDGMENT :

Subhash Chand, J.

1. Heard learned counsel for the appellant and learned counsel for the respondent-Insurance Company.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 7.5.2004 passed by Motor Accident Claims Tribunal/Additional District & Sessions Judge, Room No.14, Kanpur Nagar (hereinafter referred to as 'Tribunal') in M.A.C.P. No.642 of 2001 awarding a sum of Rs.8,88,608/-with interest at the rate of 6% as compensation.

3. The accident is not in dispute. The respondent has not challenged the liability imposed on them. It is submitted by learned counsel for the appellants that the Tribunal has deducted 30% of the award which is bad as the deceased was not the author or the coauthor of the accident having taken place as he was not plying the vehicle which met with accident rather he was sitting in the same.

4. It is submitted by learned counsel for the appellant that the deceased was 31 years of age at the time of accident and was Engineer in Railways. His income according to the counsel for the claimants was Rs.12,500/-and the Tribunal has erred in assessing the income of the deceased to be Rs.9,615. It is further submitted that t