GOPAL LAL GUPTA,J. - (1.) THE above mentioned three appeals have arisen out of the award dated 7.7.1988 passed in Claim Case Nos. 62 and 63 of 1983. Appeal Nos. 244 and 243 of 1988 have been preferred by the claimants for enhancement of the award and appeal No. 623 of 1992 has been preferred by the owner for holding that the insurance company is liable for the entire amount.
(2.) THE accident occurred on 17.10.1982 on Jaipur -Sambhar road. Prem Kumar and Anil Kumar were going on scooter No. RRB 6515. Anil Kumar was riding on the pillion. Truck No. RSC 4494 driven the award dated 7.7.1988 passed in Claim by Joginder Singh, hit the scooter from behind with the result that scooter came under the truck and Prem Kumar and Anil Kumar, both received fatal injuries. They died on the spot. The legal representatives of Prem Kumar and Anil Kumar filed separate claim applications. The owner and driver did not appear despite service. Insurance company took legal objections. One of the legal objections was that the liability of the insurance company was limited to Rs. 1,50,000/ - by virtue of Sections 95 and 96 of the Motor Vehicles Act. The learned Tribunal framed four issues. Claimants Draupadi Devi, Deen Dayal, Shyam Narain and Nirmala Devi entered into the witness -box and examined Ramavtar, AW 2 and Dr. CM. Mahesh -wari, AW 3. In rebuttal, the insurance company examined M.L. Tehriya and B.P. Arya. The learned Tribunal after hearing the parties held under issue No. 1 that the accident had occurred because of the rash and negligent driving of the truck. Under issue No. 2, Rs. 3,54,000/ - were decreed in Claim Case No. 62 of 1983. Rs. 72,000 were decreed in Claim Case No. 63 of 1983.
(3.) MR . Mathur has contended that the learned Tribunal has erred in holding the loss of dependency at Rs. 1,500/ - p.m. only in Claim Case No. 62 of 1983. According to him the loss of dependency should have been assessed at least at Rs. 3,500/ - p.m. On the other hand, the learned Counsel for the respondents has tried to support the judgment of the learned Tribunal.;