( 1. ) THIS judgment shall also govern the disposal of M. A. No. 33 of 1982 The Oriental Fire and General Insurance Co. Ltd. vs. Smt. Anupama and others as both these appeals are directed against the same award dated 12th October, 1981 given by the Accidents Claims Tribunal, Dhar in Claim Case No. 3 of 1980.

( 2. ) M. A. No. 25 of 1982 has been filed by the claimants for enhancement of compensation, whereas M. A. No. 33 of 1982 has been filed by the Insurance Company challenging their liability for the entire amount of compensation as awarded by the tribunal.

( 3. ) THE facts giving rise to these appeals, which are no longer in dispute and as found proved, may be stated, in brief, thus : Bus number CPF 9187 is owned by the indian Tourism Development Corporation, of which on the relevant day of the accident, which took place on 24-6-1979, Laxman Rao was the driver in the employment of the Indian Tourism Development Corporation. The said bus was insured with the Oriental Fire and General Insurance Company Limited.

( 4. ) THE claimant-appellants are the legal representatives of deceased kishorechand Vyas, who at the time of the accident was employed as a Depot superintendent by Bharat Petroleum Corporation Ltd. , Khandla, Distt. Kutch, gujarat. He was sent to Indore by the Corporation for training. On 24-6-1979 the deceased Kishorechand Vyas had gone to Mandu in the said bus on picnic. While the deceased Kishorechand was urinating near Rupmati Mahal, the driver Laxman Rao drove the bus in such a rash and negligent manner that while taking it in the reverse direction, the deceased was crushed tinder its wheels as a result of which the. deceased received injuries to which he succumbed.

( 5. ) THE claimants, who are the wife, son and daughter of the deceased along with the mother of the deceased Smt. Zhaver Ben, who died during the pendency of the original case before the Tribunal, filed claim petition on 19-12-1979 claiming Rs. 6,90,000/- by way of compensation. According to the claimants the deceased at the time of his death was aged 45 years living with the members Of his family in gandhidham, Kutch, Gujarat and was drawing a salary of Rs. 3100/- per month, that because of his intellectual quality he was sent to Indore for further training and thus would have earned promotion to the higher post carrying additional salary. Thus the deceaseds wife, son and daughter have been deprived of the affection of the deceased. Further according to the claimants, the deceased was quite healthy and possessed of sound physique and after retirement at the peak of his promotion would have started his own business. Thus, till he attained the age of 65 years, the family would have been benefited to the extent of Rs. 2500/- per month at least, after deducting his own expenses and income tax.

( 6. ) THE claimants, therefore, put up a claim for Rs. 6,90,000/- by way of compensation as under :

Rs. 5,40,000. 00 for loss of pecuniary benefits for a period of 18 years at the rate of Rs. 2500/- per month. Rs. 20,000. 00 for loss of service. Rs. 1,25,000. 00 for mental agony for life as suffered by the claimants. Rs. 5,000. 00 for funeral expenses and for travelling expenses incurred by the family for going to the site of accident. Rs. 6,90,000/-

( 7. ) THE driver of the said bus Laxman Rao in his written statement denied the entire claim of the claimants though he not not dispute that on the relevant day of the accident he was working as a driver on the said bus.

( 8. ) THE respondent-Insurance Company while denying the claim of the claimants, according to the terms of the Insurance Policy admitted their liability to the tune of Rs. 50,000/-only.

( 9. ) THE Indian Tourism Development Corporation, who owned the bus, did not file any written statement and chose to remain ex parte.

( 10. ) THE learned Member of the Tribunal, after considering the evidence and material on record came to the conclusion that at the time of the death of kishorchand, he was aged 4