Mr. Arun Bhansali, J.

These cross appeals have been filed by the appellant - Insurance Company and claimants inter alia aggrieved by the common judgment & award dated 12/1/2011 passed by the Motor Accident Claims Tribunal, Banswara, whereby, the Tribunal has awarded a sum of Rs. 85,425/- to claimant Abdul Rasheed and Rs. 81,660/- to claimant Raju and the appellant Insurance Company along with respondents Mohan & Harku has been held liable for payment of compensation. While the Insurance Company has sought its exoneration from the liability, the claimants are seeking enhancement of compensation.

2. The applications for compensation were filed by Abdul Rasheed and Raju on 26/9/2007 and 27/9/2007, respectively, which were consolidated on 15/10/2008. It was averred in the applications that on 29/7/2007 the claimants were riding a Motor Cycle at about 7.15 a.m. towards Banswara when the non-claimant no. 1, Mohan, who was also riding a Motor Cycle No. RJ- 03-SA-7501 rashly and negligently, collided with their Motor Cycle resulting in the claimants falling down and suffering grievous injuries, which resulted in fractures, disability and defacement. Abdul Rasheed, who was working as driver with the Bus Depot, Banswara, was aged 40 years and was getting Rs. 8,000/- as monthly salary and he claimed compensation to the tune of Rs. 23,98,000/-. Claimant Raju, who also suffered fracture, disability and defacement, indicated that he was aged 32 years and was earning Rs. 6,000/- per month by way of manual labour and agricultural operations and claimed compensation to the tune of Rs. 4,86,000/-.

3. The non-claimants filed their response denying the averments made in the application. The Insurance Company also filed its reply and contended that the Policy conditions were violated as the driver of the offending Motor Cycle was not holding a valid driving licence.

4. Based on the averments, the Tribunal framed four issues. On behalf of the claimants, Abdul Rasheed, Raju & Dr. Sudhir Kumar Bhatnagar were examined and on behalf of Insurance Company two witnesses were examined. After hearing the parties, the Tribunal came to the conclusion that the accident occurred on account of contributory negligence of both Abdul Rasheed and Mohan. While deciding issue no. 3 pertaining to liability of the Insurance Company, on the plea raised by the Insurance Company that the driver Mohan was having a learner's licence (Ex.A/1) and the requirements of learner's licence were not fulfilled by the said driver, it was held by the Tribunal that as the Insurance Company did not indicated anything in its evidence regarding the driver not being accompanied by a Instructor holding an effective driving licence, the issue was decided against the Insurance Company.

5. While determining the amount of compensation in the case of Abdul Rasheed, the Tribunal came to the conclusion that for the physical pain and suffering, claimant Abdul Rasheed is entitled to a sum of Rs. 25,000/- and for the bills produced for treatment he was entitled to a sum of Rs. 1,38,100/-, for attendant, during his hospitalization, a sum of Rs. 4,750/- was awarded, Rs. 1,500/- was awarded towards conveyance expenses and another sum of Rs. 1,500/- was awarded towards nutritious diet and in all Rs. 170,850/- was awarded to claimant Abdul Rasheed, however, the said amount was reduced by 50% on account of contributory negligence.

6. In the case of claimant Raju, the Tribunal has awarded a sum of Rs. 81,600/- towards loss of income by taking his income at Rs. 2,000/- per month, age 32 years and disability at 20% and a sum of Rs. 60/- was awarded towards medical expenses, thus, in all a sum of Rs. 81,660/- was awarded as compensation to claimant Raju.

7. It is submitted by learned counsel for the appellant Insurance Company that the Tribunal fell in error in holding the Insurance Company liable for payment of compensation inasmuch as the violation of Policy condition was apparent; driver Mohan was having