Hon'ble RAFIQ, J.—These two appeals are directed against common award dated 14.09.2009 of learned Motor Accident Claims Tribunal, Kishangarh (Ajmer) in MAC Case No.276/2007, by which learned Tribunal has awarded a sum of Rs.3,90,000/- as compensation to claimants in a death claim case.

2. A claim petition was filed by five claimants for accidental death of one Gulab Bai involving motorcycle No.RJ-01-14M-2680, which was insured with National Insurance Company Limited. While the claimants have approached this court for enhancement of the compensation, the insurance company has filed the appeal assailing the quantum of compensation.

3. Learned counsel for insurance company has argued that deceased Gulab Bai was mother of claimants and claimants cannot be said to be wholly dependent on her income. According to judgment of the Supreme Court in Smt. Manjuri Bera vs. Oriental Insurance Co. Ltd. and another 2007 (10) S.C.C. 643 = RLW 2007(2) SC 1384, a person, who is not dependent, cannot maintain a claim petition for payment of compensation. It was argued that age of the deceased was wrongly taken as 45 years. In the postmortem report, her age was mentioned as 48 years, as against which the

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