JUDGMENT :

(J.J. Munir, J.)

1. This is a claimants' appeal arising out of a judgment and award of Mr. S.C. Bose, District Judge of Allahabad, sitting as the Motor Accident Claims Tribunal, dated 6th January, 2003 passed in Motor Accident Claims Petition No.410 of 1999. The claimants seek enhancement of the compensation awarded.

2. Smt. Gulshan Bano, the deceased, was travelling on board Jeep No. UP-70N-7479 on 13.04.1999. At about 7:30 p.m., near a certain Village Gansiari within the local limits of Police Station Mau Aima, District Allahabad (now Prayagraj), a Bus bearing registration No. UGH-471, owned by the Uttar Pradesh State Road Transport Corporation (for short, 'the UPSRTC'), that was proceeding from Allahabad to Ayodhya, hit the Jeep. In consequence of the accident, Smt. Gulshan Bano sustained injuries, leading to her death. The Jeep aforesaid, whereon Gulshan Bano was travelling, was owned by one Alok Pandey and insured with the Oriental Insurance Company, Allahabad. The claimants are three in number, to wit, Abdul Khaliq aged about 45 years, an uncle of the deceased, Smt. Hamidunnisha aged about 40 years, the deceased's mother and Shaista, the deceased's minor daughter, aged about 8 months. They shall hereinafter be called 'the claimants', unless the context otherwise requires. It appears that the deceased was a divorcee and there is no claim laid on behalf of her husband.

3. It is the claimants' case that the deceased was a woman, who stayed home and did productive work of stitching etc., that yielded her an income of Rs.5000/-per month. All the claimants were dependent upon the deceased's income. The claimants have, therefore, demanded a compensation in the sum of Rs.10,00,000/-.

4. A separate written statement each was filed on behalf of the UPSRTC, the owner of the ill-fated Jeep, Alok Pandey and on behalf of the Oriental Insurance Company, who are the Insurers of the ill-fated Jeep. The owner of the Jeep and the Insurers shall hereinafter referred to as 'the owner' and 'the Insurers'.

5. The UPSRTC broadly took a stand that the accident happened on account of the Jeep driver's negligence, whereas the owner took the stand that the accident occurred due to the rash and negligent driving by the Bus driver. It was also urged that on the date of accident, the ill-fated Jeep was validly insured with the Insurers. The Insurers did a wholesome and inconsistent denial of everything that was urged to hold them liable. They denied insuring the ill-fated Jeep, the accident between the UPSRTC Bus and the ill-fated Jeep, and also the fact that the driver held a valid driving licence. In substance, the Insurers denied their liability to indemnify the owner of the Jeep regarding any liability, that might be apportioned to him.

6. On the pleadings of parties, the following issues were framed (translated into English from Hindi):

“1. Whether on 13.04.1999, at about 7:30 in the evening hours, the alleged accident happened on account of rash and negligent driving of Jeep No. UP-70N-7479?

2. Whether the alleged accident, involving Jeep No. UP-70N-7479 and Bus No. UGH-471, happened due to the contributory negligence of both the vehicles? If yes, which vehicle is at fault and to what extent?

3. Whether Jeep No. UP-70N-7479 is owned by Alok Pandey and on the date of accident, it was insured with the Oriental Insurance Company?

4. Whether on the date of the accident, the driver had a valid driving licence?

5. Whether Jeep No. UP-70N-7479 was being operated in accordance with law, rules and its registration?

6. Whether the claimants are entitled to compensation? If yes, how much and from which of the parties?

7. To what relief are the claimants entitled?”

7. The Tribunal dealt with Issues Nos. 1 and 2 together and held that both the Bus and the ill-fated Jeep had an equal share of contributory negligence in the accident. Issue No.3 was answered in favour of the owner holding that the ill-fated Jeep was owned by him and validly insured with