JUDGMENT

1. This Misc. Appeal has been filed by the appellants for enhancement against the award dtd. 8/3/2011 passed by the 14th Motor Accident Claims Tribunal, Gwalior, in Claim Case No.68/2010.

2. Learned counsel for the appellants has submitted that learned Claims Tribunal has wrongly assessed the net salary of the deceased as his monthly income. He relied upon the decision of the Apex Court in the case of National Insurance Vs. Indira Shrivastava, 2011(3) ACJ 1441 and submitted that in view of the said decision gross income should have been considered by the Claims Tribunal as monthly income of the deceased. It is further submitted that despite deceased was having 7 dependents, learned Claims Tribunal has deducted 1/3rd of the income on account of personal expenses, while 1/5th of Signature Not Verified the income of the deceased should have been deducted as his personal expenses. It is further submitted that claimants are also entitled for future prospects in the light of the decision of the Apex Court in the case of National Insurance Co. Ltd. vs. Pranay Sethi as reported in 2017 (16) SCC 680 and a sum Rs.70, 000.00 for loss of estate, loss of consortium and funeral expenses