G.P. Mittal, J.

1. These two Appeals arise out of a judgment dated 22.07.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs. 17,33,750/- was awarded for the death of Shrichand, who died in a motor accident which occurred on 26.12.2005.

2. During inquiry before the Claims Tribunal it was claimed that the deceased was 50 years of age. He was earning Rs. 42,000/- per month from doing the job of a building contractor. The Claim Petition was filed by the widow and three major sons of the deceased.

3. In the absence of any reliable evidence as to the deceased’s income, the Claims Tribunal ventured to make a guess work to assume the deceased’s income to be Rs. 1,95,000/- (post tax), deducted one-fourth towards the personal and living expenses and applied the multiplier of ‘11’ suitable to the deceased’s age.

4. The Claims Tribunal further awarded a sum of Rs. 1,00,000/- towards loss of Love and Affection.

5. In MAC APP.841/2010 preferred by the New India Assurance Company Limited (Insurance Company) the ground of challenge is that the Appellant Insurance Company was liable to be absolved of the liability as the driver did not possess