Ashwani Kumar Mishra, J. - (1.) These two appeals are directed against an award of the Motor Accident Claims Tribunal, Ghaziabad dated 01.10.2010 passed in Motor Accident Claims Petition No. 708 of 2009.
(2.) The Tribunal, under its award, has decreed claim for compensation amounting to Rs. 1,74,000/-. The insurance company has challenged the award on the ground that the tractor, with which accident is alleged to have been caused, was not involved in the accident, instead it was a different tractor with which accident was caused, which also belonged to the same owner. It is contended that in the first information report lodged, the number of other tractor was specified, but as the other tractor was not insured, therefore, in the claim petition, details of other tractor has been specified in collusion with the vehicle owner by the claimants. It is also urged during the course of argument that the tractor was being used for transporting bricks, which was a breach of the policy condition and that, right of recovery ought to have been given to the insurance company.
(3.) Per contra, in the appeal of the claimants, enhancement is sought over and above the amount awarded on the ground that notional income could not have been treated below Rs. 3,000/- per month and that, the Tribunal has erred in treating the annual income of deceased to be Rs. 15,000/- per annum. It is also stated that since total number of dependants upon deceased was between 4 to 6, the personal deduction could be to the extent of 1/4th only and that, the Tribunal has erroneously accounted for 1/3rd towards personal expenses of deceased.;