The insurance company's liability under section 95 of the Motor Vehicles Act can be enhanced by a contract to the contrary, and the burden of proving the terms of the policy lies with the insurance company.

( 1 ) THIS appeal by the claimants for enhancement of compensation is directed against the award dated 26th July, 1980 passed by the Motor Accident Claims Tribunal Delhi whereby the claimants were awarded a total compensation of Rs. 97,000. 00 with interest and costs. The Insurance Company was held liable to the extent of Rs. 50. 000. 00 in view of the provisions of section 95 of the Motor Vehicles Act (here-in-after called "the Act" ). Two sets of cross objections have also been filed. One set is by the Insurance company and the owner and the other by the owner and the driver. This judgment will dispose of the appeals as also the cross-objections.

( 2 ) IT was alleged in the petition under section 110-A of the Act filed by the claimants that Mahinder Nath Mehra aged 40 years working as Managing Director of Kem Metal Powder Private Ltd. Sahibabad, U. P. had gone in the morning of 15th October, 1978 to the Holy Family Hospital to visit his ailing father. He had gone in his car which had been provided by the company. The said car developed some trouble and he managed to get a scooter which was the only other vehicle available with the company. The said Shri Mabinder Nath Mehra left the hospital at 11. 10 a. m. and was proceeding to Sahibabad on the Ring Road from the side of the crossing of Ashram. When he was reaching near the crossing of Ring Road and Bala Sahib Road, he made sure that there was no traffic coming from his side and from right on the other side and thus he entered the crossing on a slow speed. Truck No. DHL 7036 driven by respondent No. I came from the opposite side i. e. from I. P. Estate side on the Ring Road at a rash speed. The truck did not slow down before reaching the crossing on Ring Road and Bala Sahib Road leading to Kilokri as was the mandatory requirement and further without giving and horn or even proper look out took a turn to the right side at a rash speed for proceeding towards Kilokri on Bala Sahib Road at a time when the said Shri Mehra was almost on the crossing with the result that after taking the abrupt turn the front side of the truck hit the scooter driver by Mehra. As a result thereof, the scooter was partly hit and damaged by the impact and Shri Mehra was thrown off. He was hit by the surface of the road and receiver injuries which culminated in his death. It was pleaded that this accident was wholly caused due to the rash and negligent driving by the driver of the offending truck, who was neither keeping any proper look out nor did he blow any horn. The manner in which he took the abrupt turn is conclusive proof to show that he was ignorant of the traffic rules.

( 3 ) IT was further pleaded in the petition that the deceased was a brilliant engineer from U. K. . and had decided to come back to India because of the appeal made by the Government of India to the foreign engineers to return to the country. He, therefore, returned and set up project which project now cannot be implemented or completed because the deceased was the only person who had the know how. On account of the death of the deceased, the project has been left incomplete and the company cannot function. It is further pleaded that the deceased stayed in U. K. from 1956 to 1976 and thereafter came to India and set up the present project at a considerable cost. The claimants incurred considerable expenditure on the treatment of the deceased. The mother of the deceased who had recently gone to U. K. for treatment, had to leave the treatment midway and returned to India on hearing of the ghastly accident. She had incurred an expenditure of Rs. 30. 000. 00 or so which has been rendered waste. The father of the deceased who was undergoing treatment in the Holy Family hospital was making rapid progress but on hearing of the news of the accident and then the death he could not bear the shock and died in the hospital. It is further pleaded that the family of the deceased is known for longivity. The father of the de