JUDGMENT :

KAUSHAL JAYENDRA THAKER, J.

1. Heard Sri. Vidya Kant Shukla, learned counsel for the appellant and Sri. Rajiv Ojha, learned counsel for the respondent-Insurance Company.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 23.11.1998 passed by IInd-Additional District Judge (Motor Accident Claims Tribunal) Azamgarh, (hereinafter referred to as ‘Tribunal’) in M.A.C. No. 87 of 1990.

3. Brief facts as culled out from the record are that on 07.05.1990 at 2:00 p.m. in front of house of Madhuban Murari Kahar, Police Station Kandharpur, District Azamgarh, driver of jeep bearing no. UHW-5319 driving his jeep negligent and rashly hits Prabhuram's tempo and as a result of which Prabhuram sustained grievous injuries and succumbed to his injuries on the spot.

4. The deceased was 25 years of age at the time of accident. He was driving tempo and earning Rs. 1000/- p.m. and maintaining agriculture field. He was survived by his mother, widow and three sons and two daughters. The Tribunal has considered his income to be Rs. 15,000/- p.a. deducted 1/3rd t