Vinit Kumar Mathur, J.

The present appeal and the cross objection are preferred against the order dated 01.12.1999 passed by Motor Accident Claims Tribunal, Barmer in Civil Misc. Case No. 115/97. In SB Civil Misc. Appeal No. 256/2000 appellant has prayed for enhancement of the compensation awarded by the learned Tribunal and by way of S.B. Civil Cross Objection No.24/2001 the respondents no.1 & 2 in the above said appeal have challenged the order dated 01.12.1999 on the ground that no liability can be fastened on them.

2. Briefly the facts giving rise to the present case that on 17.03.1997 deceased Kanaram was traveling in truck no. RJ 04 G 0784 from Dhorimanna to Raiko Ki Dhani, the truck in which deceased Kanaram was traveling overturned near Sanawara (35 kms. from Barmer). Due to this accident, Sh. Kanaram who was in this truck sustained injuries and ultimately died. In these circumstances, the appellants preferred a claim petition before the learned MACT, Barmer for awarding compensation on various grounds.

3. In reply to the claim petition while denying the facts of the claim petition, it was submitted by the respondents that the driver was not having a valid licence and since the condition of the policy was being violated by the driver of the truck, therefore, respondent no.3 i.e. Insurance Company is not liable. It was further stated that since the deceased Kanaram was traveling as a passenger in this vehicle, therefore, he is not entitled for any claim from the Insurance Company. Further, the Insurance Company relying on the provisions of Sections 147 & 149 of the Motor Vehicles Act, 1988 have denied any liability. Further, the Insurance Company has also prayed for returning the amount deposited by them for no fault liability under Section 140 of the MV Act.

4. Learned tribunal framed nine issues in the matter and, after examining the evidence and documents, the learned MACT, Barmer disposed of the claim petition of the claimants vide order dated 01.12.1999 and awarded compensation of Rs.2,60,000/-. The appellants in the present case submits that future prospects have not been considered by the learned MACT Court while awarding the compensation vide order dated 01.12.1999. Therefore, the appellants are entitled to get computed the future prospects while calculating the compensation due to the appellants. According to learned counsel for the appellants if 50% of the amount computed as wages by the MACT Court is taken into consideration and 1/3 amount having been spent on the deceased himself then by using the multiplier of 17 the amount which comes for consideration towards the future prospects is 600X12X17=1,22,400/-. Therefore, the learned counsel prays that an amount of Rs. 1,22,400/- may be enhanced towards future prospects.

5. Learned counsel for the petitioner also submits that on the count of love, affection and last rites only Rs.5,000/- & Rs.2,000/- respectively has been awarded which is far to less.

6. Learned counsel for the respondents Sh. Varun Gupta submits that the learned MACT Court has rightly computed the income whatever amount has been awarded is absolutely just and proper.

7. Sh. Varun Gupta learned counsel for the owner and driver i.e. respondents no. 1 & 2 further submits that the liability has been wrongly fastened on driver and the owner as deceased was traveling in the truck as a passenger. The factum of the deceased not traveling as passenger is not proved by the Insurance Company, therefore, this liability of compensation should have been fastened on the Insurance Company and not on the respondents no. 1 & 2.

8. Heard learned counsel for the parties.

9. The findings recorded while deciding the issue no.2 the factum of future prospects have not been considered. It has come on record that the deceased was earning Rs. 1800/- per month and, therefore, while computing the income an amount of Rs. 2,45,000/- has been awarded. In view of the judgment of the Hon'ble Supreme Court in (1) General Manage