- (1.) Heard learned Counsel for the parties. These three appeals, under Section 173 of the Motor Vehicles Act, 1988, one on behalf of claimants for enhancement of the amount of compensation, second on behalf of the vehicle owner for shifting his liability to make the payment of compensation on the Insurance Company and third on behalf of Insurance Company for restricting its liability to indemnify the liability of the insured, are directed against the judgment/award dated 28.9.1993 passed by the Motor Accident Claims Tribunal, Neen-ka-Thana, District Sikar in Motor Accident Claims Case No. 3/1988, whereby the learned Tribunal awarded total compensation of Rs. 1,76,800 in favour of the claimants, in respect of death of Kanhaiya Lal, who died in motor vehicle accident, which took place on 7.12.1978.
(2.) Learned Counsel for the claimants contended that the learned Tribunal assessed the income of the deceased as Rs. 600 per month, but assessed dependency amount as Rs. 300 per month only. He contended that there were four family members of the deceased Kanhaiya, therefore, the Tribunal committed an illegality in deducting 1/3rd amount for personal expenses of the deceased. His submission is that at the most 1/4th amount could have been deducted for personal expenses of the deceased and dependency amount could have been assessed as Rs. 450 per month for calculating the amount of compensation.
(3.) Learned Counsel for the vehicle owner contended that the Insurance Company in its reply did not take a specific plea that there liability was limited, therefore, the Tribunal committed an illegality in restricting the liability of the Insurance Company up to Rs. 75,000 only. He further contended that the owner of the vehicle NAW-1 Nagar Mal was examined in the present case, but he was not cross-examined by the Insurance Company on the question of limit of liability, therefore, it should be presumed that the liability of the Insurance Company was unlimited.;