Oral Judgment :

1. This appeal is preferred by the appellant-Insurance Company against the judgment and order dated 11th November 2011 passed by the Motor Accident Claims Tribunal, Pune (for short “the Tribunal) in MACP No.1130 of 2005. The claimants have filed cross-objection for enhancement of compensation. As the appeal and cross-objection are against the same judgment and order, I am deciding it by this common judgment.

2. It is contention of learned counsel for the appellant – Insurance Company that the Tribunal has passed the impugned order on the basis of assumptions, presumptions and surmises. Learned counsel further submitted that the accident occurred due to sole negligence of the bus driver who gave dash to the car, in which, the deceased was travelling and the truck which was ahead of the car, after giving dash by the bus, the car dashed on the truck but the Tribunal has not considered this fact and has fixed sole liability on the driver of the offending truck, which is erroneous. Learned counsel further submitted that the Tribunal has considered income of the deceased on higher side without any evidence on record. Hence, requested to allow the appeal.

Learned counsel for