AMIT RAWAL J.

1. This order of mine shall dispose of two appeals bearing Nos.5232 of 2010 filed by the State of Haryana and another is FAO No.123 of 2011. The former is challenging the liability and the latter is for enhancement of compensation by the claimants.

2. The case stated before the Tribunal is that the deceased-Shamsher Singh @ Raju, aged 17-18 years, being a student and was allegedly working as helper with a Carpenter, had boarded a bus bearing registration No.HR-57/1384 owned by Haryana Roadways insured with ICICI Lombard indemnifying the owner. The Tribunal had absolved the liability of the insurance company on the ground of alleged breach of terms and conditions of the insurance company and awarded a compensation to the tune of Rs. 3,09,000/- by taking the income of the deceased as Rs. 3600/- per month, applying a multiplier of 16 and deduction of 1/3rd.

3. Mr. Sandeep Moudgil, Addl. A.G., Haryana appearing on behalf of the State in FAO No.5232 of 2010 submits that the insurance company had failed to prove on record the insurance policy except by tendering insurance policy by suffering a statement dated 08.03.2010 as reflected in the zimni order dated 08.03.201