G. P. MITTAL, J.

1. These are two Cross Appeals filed by the National Insurance Company Limited claiming recovery rights against the owner of the offending vehicle i.e. Maruti Car No.DL-2CL-8035.

2. Cross Objections registered as MAC APP. 98/2012 are filed by the Claimants to seek enhancement of compensation of Rs. 1,85,000/-for the death of Awadh Kumar, who was aged about 28 years on the date of the accident which took place on 24.06.2004.

3. For the sake of convenience, National Insurance Company which is Appellant in MAC APP. 676/2007 shall be referred to as the Appellant. First and Second Respondents who are the deceased’s parents shall be referred to as the Claimants. Third and Fourth Respondents who are owner and driver of the offending vehicle shall be referred to as owner and driver respectively.

4. Since the owner and the driver did not assail the judgment dated 16.10.2007 impugned herein and the Insurance Company does not challenge the finding on negligence, I am not required to go into the question of proving negligence.

5. The contention raised on behalf of the Appellant is that it was established during inquiry before the Claims Tribunal that the driver did no