JUDGMENT :

1. Heard Mohd. Asim Zulfiquar, learned counsel for the appellants and Sri Rajieev Ojha, learned counsel for respondent No.1, Sri Y.S. Bohra, learned counsel for the respondent Nos.2 and 3.

2. This appeal has been filed by the claimants being aggrieved by award dated 13.09.2018 passed by learned Motor Accident Claims Tribunal/Additional District Judge (Fast Track Court) Rampur, in Motor Claim Petition No.212 of 2017 (Smt. Shamshad Begum and others vs. Bheemsen and others) Computing Registered No.181/17 on the grounds, namely:

(1) Deceased was engaged as a driver of Bolero on the date of accident i.e. 21.04.2017 and drawing salary Rs.15,000/- per month for his duties;

(2) Though the income has been proved by P.W.3 Tarik Mohd. learned tribunal has construed notional income to be Rs. 3,000/-per month in an arbitrary and illegal manner;

(3) It is submitted that age of the deceased was 42 years on the date of accident, but no future prospects has been awarded though as per law laid down by the Hon'ble Supreme Court in Case of National Insurance Company Limited vs. Pranay Sethi and others reported 2017 (4) T.A.C. 673 (S.C.) it is held that while determining the income, an addition o