JUDGMENT 1. - This appeal has been preferred against the award dated 26.02.2004 passed by the Motor Accident Claims Tribunal, Dholpur (hereinafter referred as 'the Tribunal') in Claim Petition No. 178/2000 whereby a sum of Rs. 2,60,000/- has been paid by the Tribunal as compensation on account of death of 23 years old person working as a conductor on a truck survived by his son aged one year, his widow and mother, on the ground that the tribunal has not rightly appreciated the evidence for arriving at just compensation. 2. Heard learned counsel for the parties and perused the record. 3. The Tribunal has assessed income, of the deceased as Rs. 60/- per day, the daily wager rate being paid by the Government to a labourer in the relevant year, therefore, the approach of the Tribunal cannot be said to be faulty for determining the income of the deceased and the loss of dependency i.e. Rs. 2,44,800/-, has rightly been calculated by the Tribunal. 4. Another plea of the learned counsel for the appellants is that the Tribunal has paid Rs. 15,200/- only in-other heads which is wrong and should have been paid according to the Schedule II appended with the Motor Vehicle Act, 1988 and in terms of the judgments delivered by the Supreme Court. The Tribunal has paid nothing for consortium to the widow and for love and affection to the child and the mother of the deceased. 5. It is a case where in the family no male earning member is left to look after the appellants-claimants. The deceased was only earning member and after his death the family is consisting of three members i.e. the widow, i mother and one son aged one year of the deceased. They have to depend upon the award amount till the son of the deceased starts earning. Therefore, the approach of the Tribunal for passing the impugned award cannot be accepted being it a special case, for its attending circumstances. The widow of the deceased, appellant No. 1 is paid Rs. 20,000/- as consortium. The son of the deceased, appellant No. 2'is paid Rs. 20,000/- for love and affection being a special case and the mother of the deceased, appellant No. 3 is paid Rs. 10,000/- for love and affection. The appellants-claimants are further entitled to Rs. 2,000/- as funeral expenses. The total compensation comes to Rs. 20,000/- as consortium. The son of the deceased, appellant No. 2'is paid Rs. 20,000/- for love and affection being a special case and the mother of the deceased, appellant No. 3 is paid Rs. 10,000/- for love and affection. The appellants-claimants are further entitled to Rs. 2,000/- as funeral expenses. The total compensation comes to Rs. 2,96,800/- (244800 + 20000 + 20000 + 10000 + 2000) instead of what has been paid by the Tribunal. The impugned award of the Tribunal is accordingly set aside. The appeal is accordingly allowed to the extent indicated above. Interest awarded by the Tribunal is maintained.Appeal allowed to above extent. *******