MATHUR, C. J. JHA, J. ( 1 ) THIS appeal is by the insurance company against the award dated 5. 2. 1997 passed by the Motor accidents Claims Tribunal, Shivpuri, in claim Case No. 121 of 1994. ( 2 ) THE facts, for effective disposal of the appeal, are that deceased Uttam was crushed to death under dumper No. MP 08 a 1932 belonging to non-claimant No. 2 gopal Ganesh Constructions and insured by non-claimant No. 3 the New India assurance Co. Ltd. On 15. 7. 1994 it is alleged that the aforesaid dumper, being driven in rash and negligent manner by its driver Rakesh dashed against a tree as a result of which deceased Uttam who was employed as a cleaner with non-claimant no. 2 crushed under the dumper and died. Therefore, the present claim petition was filed by his mother, father and wife for compensation before the Tribunal. ( 3 ) THE Tribunal after recording necessary evidence came to the conclusion that the deceased Uttam was employed with non-claimant Gopal Ganesh Constructions, shivpuri and awarded the compensation in terms of Rs. 1,74,500. Though the tribunal did not believe that the deceased was drawing Rs. 1,20. 0 per month and rs. 10 per day as allowance on outsta-tion duties, yet the Tribunal held that his income was Rs. 15,000 per annum as per schedule 2, serial No. 6 of the Motor Vehicles Act, 1988. On the basis of treating the income of the deceased to be Rs. 15,000 per annum and reducing 1/3rd which would have been spent by the deceased for himself the Tribunal found the dependency to the extent of 2/3rd and applied the multiplier of 17. Learned Tribunal also awarded Rs. 2,000 for funeral expenses and Rs. 2,500 for loss to estate. Thus it comes to Rs. 1,74,500 as compensation. In addition to Rs. 1,74,500 the wife alone was awarded a sum of Rs. 5,000 for the loss of consortium with interest at the rate of 12 per cent per annum from the date of application/claim petition. The Tribunal has also directed that the amount of interim compensation shall be adjusted. A sum of Rs. 3,600 was fixed as lawyer's fee. ( 4 ) AGGRIEVED by the award the present appeal has been filed by the insurance company. The Tribunal has also directed that the amount of interim compensation shall be adjusted. A sum of Rs. 3,600 was fixed as lawyer's fee. ( 4 ) AGGRIEVED by the award the present appeal has been filed by the insurance company. ( 5 ) LEARNED counsel for the insurance company has taken us to the evidence of the wife of the deceased as well as the evidence of non-claimant Mahendra Kumar goyal, NAW 1 and submitted that as per his statement the deceased was not his employee and was a passenger, therefore, the insurance company is not liable to pay compensation. ( 6 ) WE have gone through the statement of the claimant AW 1 as also the statement of NAW 1 Mahendra Kumar Goyal. After reading the statements of the above witnesses, it transpires that, in fact the deceased was employed with the non-claimant No. 2 Gopal Ganesh Constructions and the owner was Mahendra Kumar goyal. Therefore, the Tribunal has rightly come to the conclusion that the deceased was the employee of NAW 1 and was a cleaner on the dumper. On account of rash and negligent driving of the dumper, the deceased who was a cleaner on the dumper fell down and was crushed under the dumper. In our opinion the approach of the tribunal is justified and the compensation awarded does not appear to be excessive. ( 7 ) THUS, the view taken by the Tribunal appears to be correct and there is nothing warranting interference in this appeal filed by the insurance company. ( 8 ) THE appeal fails and is dismissed. Appeal dismissed. .