The insurance company is liable for the entire amount of the award in case of loss of human life in such vehicles, even if the policy of insurance does not specify any limit of liability.

1. 1. In all these four appeal, the judgment and award dated 16-10-1985 of the Motor Accident Claims Tribunal, Jhunjhunu is being challenged. It is common ground that on 9-7-1982 Prem Chand and Prabhu Dayal were going on Motor Cycle No. DEX 584 from Khetri City to their village Sohil. A bus bearing registration No. RST 4831 belonging to Sophia School Khetri was coming from the side of Khetri township which collided with the motor cycle at wear about Nizampur turn. The accident resulted in death of both Premchand and Prabhu Dayal. The driver of the bus was Mahaveer. The claim petitions were filed by the claimants who are wives and children of Prem Chand and Prabhu Dayal. In the two claim petitions the question of negligence was first considered and decided and in both cases the Tribunal has found that the negligence of the driver Mahaveer is established on record. It is also being found and rightly so that since Mahaveer was negligent and the accident resulted in death of Prabhu Dayal and Prem Chand, the compensation should be paid to their wives and children.

2. The question raised before this court is two fold. Firstly, that the insurance company has come with the plea that their liability should be limited to Rs. 50,000/- and the Sophia School has filed appeal on the ground that the liability of the insurance company should be unlimited to cover the entire award. The claimants have filed cross objections for increase of the amount of compensation.

3. I have carefully gone through the record and also heard Mr. Srivastava for the Insurance Company and Mr. Bhartiya for Shophiya School and Mr. Singh for the claimants.

4. Now the first question is regarding the amount of compensation which should have been paid and which has been determined by the Tribunal.

5. I find that in the case of Narbada Devi, her husband Prabhu Dayal was 42 years of age. The expectancy and dependency of income to family members which they would have got after meeting out the expenses of Prabhu Dayal has been adjudicated as Rs. 400/. In my opinion the compensation should be treating Prabhu Dayal as 42 years of age and that would come as follows 400 x 23 x 12. This would be 1,10,400/-. This amount should be divided between all the claimants the wife, Narbada should get 50 per cent and rest of the amount would be divided as per the proportion of others in award.

6. In the case of Vidya Devi, the amount of compensation should be 400 x 30 x 12 as Prem Chand at the time of death was of 32 years and Vidya Devi is only 29 years. This amount is Rs. 1,44,000/- Vidya Devi has not been allowed compensation on the ground of consortium. Vidya Devi is only 29 years of age and loss of husband at this stage is bound to be serious loss of the life partner for the whole of life. I allow Rs. 10,000/- as compensation for consortium. The total amount of compensation would be Rs. 1,64,000/- to Vidya Devi and six others. The amount of interest would be 12 percent from the date of application till the date of realisation in both cases.

7. Now comes the important question regarding the liability for the insurance company.

8. Mr. Bhartiya appearing for the Sophiya School and Mr. Singh appearing for the claimants have submitted that the policy of insurance shows that in the column of limits of liability, it has been mentioned that the limits of the amount of complete liability under Sections 2(i) in respect of any one accident and then the column is blank. This according to Mr. Bhartiya and Mr. Singh tantamount to unlimited liability because no limit has been mentioned It has been mentioned Rs. 50,000/-for the second part under Section 2(ii) which is not applicable for the loss of human life in such vehicles,

9. This policy copy had been produced here, both by the insurance company and the Sophiya school and since they are identical there is no dispute. Mr. Srivastava submitted that in this policy there is a mention that such amount of liability as required and necessary as per the