JUDGMENT :

Subhash Chand, J.

1. Heard Sri A.T. Pandey, learned counsel for the appellant, Sri N.K. Srivastava, learned counsel appearing for National Insurance Company Limited and perused the judgment and order impugned.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 17.01.2020 passed by Motor Accident Claims Tribunal, Court No.4, Aligarh (hereinafter referred to as 'Tribunal') in M.A.C.P. No.318 of 2016 awarding a sum of Rs.3,20,256/-.

3. The claimants are the widow, mother, daughter and son of the deceased. The Tribunal has considered the annual income of the deceased as Rs.65,412/-. The income of the deceased was claimed as Rs.1,30,824/-per year but the Tribunal has decided that the income of the deceased would be Rs.87,216 for six months and Rs.43,608/- for another six months when the sugar mill was closed and hence has held that income would be Rs.65,412/- per year.

4. It is further submitted that the incident is of the year 2015 and at that time the deceased was in the employment of Sugar Mill, therefore, the Tribunal has erred in ass