1 1. S.B.CIVIL MISC. APPEAL NO.1221/2002 (The New India Assurance Co. Ltd. Vs. Ranjeet Singh) 2. S.B.CIVIL CROSS OBJECTION NO.91/2003 (The New India Assurance Co. Ltd. Vs. Ranjeet Singh) Date of Judgment : 20-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Alot Garg, for appellant-Ins.Company. Mr.Rajneesh Gupta, for respondent-claimants. Both the learned counsel are agreed for final disposal of appeal as also Cross objection at admission stage. Heard learned counsel for the parties. CMA No.1221/2002 2. This appeal has been preferred on behalf of appellant-Insurance Company against the award passed by learned Motor Accident Claims Tribunal, Karauli vide judgment dated 11.12.1999 whereby a sum of Rs.1,44,000/- was awarded by way of compensation to the respondent-claimants on account of death of deceased Ramesh Sain. 3. The appeal has been filed on the grounds that the driver of the jeep was not having valid driving license at the time of accident and the jeep was being used as Taxi 2 and, as such, there was breech of Insurance policy. 4. Learned counsel for the appellant- Insurance Company submits that he does not want to press the appeal as the same is not maintainable as he has not obtained the permission under Sec.173 of the Motor Vehicle Act. 5. Accordingly, the appeal filed by the appellant-Insurance Company stated to be not maintainableis dismissed as not pressed being not maintainable as no appeal has been filed for challenging the issue of quantum. CROSS OBJECTION NO.91/2003 6. The cross objection has been filed in the matter by the claimants for enhancement of compensation on the ground that adequate compensation has not been awarded by the learned Tribunal as no amount for loss of love and affection and funeral expenses has been awarded by the learned Tribunal. 7. Learned counsel for the claimant- 3 appellants submits that cross objection may be heard and decided finally as the appellant-Insurance Company has taken the ground of breech of policy in the memo of appeal. It has further been submitted that no amount has been awarded by the learned Tribunal for loss of love and affection and funeral expenses. This position has not been controverted by th learned counsel for the Insurance Company. 8. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that in view of above position, Rs.5,000/- each to the four dependents of deceased deserves to be awarded amounting to Rs.20,000/- for loss and love and affection. That apart, Rs.2,000/- is also awarded for loss of funeral expenses. Thus total sum of Rs.22,000/- deserves to be enhanced for loss of love & affection and funeral expenses to the claimants. 9. Accordingly, the appeal of appellant is dismissed and Cross objection filed by claimants is partly allowed and the Award 4 passed by the learned Tribunal is modified to the extent that the claimants shall get a sum of Rs.22,000/- by way of additional enhanced compensation from the date of filing cross objection i.e. 18.8.03, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.s/5-6