1. The appeal is for enhancement of compensation of Rs.85,000/- awarded in favour of the Appellants for the death of Smt. Rangamma who died in a motor vehicular accident which occurred on 19.09.2002 involving a Tempo bearing no.DL-1LA-5423.

2. During the inquiry, the Motor Accident Claims Tribunal (the Claims Tribunal) held that the accident was caused on account of rash and negligent driving of Tempo bearing registration no. DL-1LA-5423 by its driver/Respondent Virender Yadav. It was further found that the Appellants were not financially dependent on the deceased. Relying on the judgment of this Court in “National Insurance Company Ltd. v Mohd. Sabir & Others” MAC APP no.103/2007 decided on 09.02.2012, the Claims Tribunal awarded a sum of Rs. 50,000/- towards loss to estate, Rs. 25,000/- towards love and affection and Rs. 10,000/- towards funeral expenses to compute an overall compensation of Rs. 85,000/-.

3. The Claims Tribunal further found that there was conscious and willful breach of terms and conditions of the insurance policy on the part of insured and accordingly, permitted Respondent New India Assurance Company Limited to pay and then to recover the compensatio