JUDGMENT :

1. Heard Sri Ram Singh, learned counsel for the appellant and Ms Anubha Gupta assisting Sri N.K. Srivastava, learned counsel for the respondent-Insurance Company. None has appeared for the owner.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 09.04.2007 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.13, Aligarh (hereinafter referred to as 'Tribunal') in M.A.C. No. 415 of 2005.

3. Brief facts as culled out from the record are that on 25.06.2005 at 12:10 p.m in front of Sugar Mill Sheikhpur, Furkan Ahmad was going to Badaun by his C.D. Don Delux motor-cycle by his side then only a bus bearing No. U.P 24/4925 coming from Budaun dashed with the motor-cycle of Furkan Ahmad. As a result of which Furkan Ahmad died on the spot.

4. The deceased was 39 years 11 months and 25 days of age at the time of accident. He was an agriculturist and was having vocation of advocacy and was earning Rs.8,000/-from his agricultural land and Rs. 62,000/p.a from his advocacy profession. He was survived by his mother, widow and three minor children aged 9, 6 and 3 years. The Tribunal has considered his income to be Rs. 62,000/-p.a,