JUDGMENT :

(J.J. Munir, J.)

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award of the Motor Accident Claims Tribunal/ the Additional District Judge, Court No.13, Allahabad dated 28.02.2006 passed in MACP No.407 of 2004.

2. The appeal is by the Insurance Company, who say that they are not liable.

3. Cross Objection No.65668 of 2013 has been brought on behalf of the claimants, who are respondents to the appeal, saying that the compensation awarded is insufficient and ought to be enhanced.

4. This judgment will decide both the appeal and the cross-objections.

5. The facts giving rise to the claim petition are that one Dinesh Kumar Kesarwani was engaged in the business of retailing rice. On 08.07.2004, he was proceeding on a bicycle along with one Somnath Kesarwani – both riding their bicycles from Police Station Saini, District Kaushambi towards Shiv Kuti in Allahabad. He was riding his bicycle according to the rule of the road. At about 20 minutes past 12 in the afternoon hours, a gas tanker approached from the Phaphamau end of