( 1 ) HEARD on LA. No. 209 of 2005 which is an application filed by mr. L. N. Soni who has prayed to withdraw the power. Since Mr. Khedawat has appeared, therefore, application is allowed. Mr. Soni is permitted to withdraw the power. Heard the matter finally.

( 2 ) BEING aggrieved by the inadequate amount of award passed by the Additional m. A. C. T. , Sendhwa, in Claim Case No. 68 of 1997 vide award dated 16. 9. 1999 whereby a sum of Rs. 76,000 has been awarded along with interest at the rate of 12 per cent per annum, the present appeal has been filed.

( 3 ) LEARNED counsel for appellant submits that learned court below has awarded rs. 76,000 as compensation holding that the income of the deceased was Rs. 12,000 per year, dependency was assessed at the rate of Rs. 300 per month and multiplier of 15 was applied. Thus, amount for loss of income was awarded as Rs. 54,000 and rs. 22,000 in other heads such as physical pain and suffering and funeral expenses.

( 4 ) LEARNED counsel submits that even assuming that the deceased was not doing anything then too, the notional income was required to be assessed at the rate of rs. 15,000 per year and the dependency was to be ass