JUDGMENT : M.D. SHAH, J. 1. This appeal has been filed by the original opponent No. 2-National Insurance Company Ltd. under Section 173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 11-3-2011 passed by the Motor Accidents Claims Tribunal (Aux.) Kutch at Bhuj in MACP No. 498 of 2004. 2. Facts in short are that claim petition was filed by heirs and legal representatives of deceased Bhartiben Thakarsinh claiming compensation for death of the deceased which is caused in an accident which occurred on 4-6-2004 at 15:30 hours. It is inter alia contended that the deceased was travelling in chakdo rickshaw No. GJ-15-AX-8400 and when the said rickshaw reached Nalia-Mandvi road, a trailor truck No. GJ-1-AT-943 coming from the opposite direction in a rash and negligent manner dashed with the rickshaw causing fatal injuries to the deceased. After hearing the learned counsel for the parties and considering the oral as well as documentary evidence on record, the impugned award was passed by the Tribunal. 3. I have heard learned advocate, Mr. Maulik J. Shelat for the appellant and have also taken into consideration the relevant documents such as FIR and panchnama and other evidence. 4. It is submitted by Mr. Shelat that deceased, who was sister of the claimant No. 1, was residing separately from her brother and she was maintained by her own income and Tribunal has not considered this aspect and committed error in calculating income of the deceased at Rs. 3,000/- in absence of any cogent evidence. 5. Having heard the learned advocate for the appellant and having regard to the facts and circumstances, it is prima-facie established that deceased had studied upto 5th or 6th standard and was doing tailoring work and other miscellaneous work. In these circumstances, the Tribunal ought to have considered income of the deceased only at Rs. 2,000/- and not Rs. 3,000/- for assessing compensation. 6. Therefore, considering the income of the deceased at Rs. 2,000/- i.e. Rs. 24,000/- per annum and after deducting one-third towards personal expenses as per II Schedule, it comes to Rs. 16,000/- and applying thereto a multiplier of 13 as the deceased was in the age group of 45 to 50 years, an amount of Rs. 2,08,000/- can be awarded as the future loss of income/dependency benefit. Adding thereto Rs. 2,000/- towards funeral expenses and Rs. 16,000/- and applying thereto a multiplier of 13 as the deceased was in the age group of 45 to 50 years, an amount of Rs. 2,08,000/- can be awarded as the future loss of income/dependency benefit. Adding thereto Rs. 2,000/- towards funeral expenses and Rs. 2,500/- towards loss to estate, total amount comes to Rs. 2,12,500/- which is rounded off to Rs. 2,20,000/- and said amount can be awarded as the total compensation payable to the claimants. 7. On the aspect of negligence, the Tribunal, after discussing the oral as well as documentary evidence in great detail, rightly came to the right conclusion that driver of the truck trailer insured with the present appellant was negligent for causing the accident. The said finding of negligence arrived at by the Tribunal appears to be just and proper and is not required to be interfered with. 8. Thus, this appeal is partly allowed. The impugned judgment and award is modified to the extent that the total amount of compensation payable to the claimant is limited to Rs. 2,20,000/- instead of Rs. 3,16,500/- with interest as awarded by the Tribunal. The insurance company is entitled to refund of the excess amount lying deposited in the fixed deposit. The remaining part of the judgment and award would remain unaltered. 9. Office to send back the records and proceedings, if any, forthwith. Appeal partly allowed.