Honble S.N. BHARGAVA J. -This is an appeal u/s 110-D of the Motor Vehicles Act, 1939 (in short the Act), against the award dated 21.10.1986 passed by the Motor Accidents Claim Tribunal, Ajmer awarding a sum of Rs. 2,59,200/- in all and interest thereon. 2. As per the facts mentioned in the memo of appeal, on 5.11.1978, deceased Anand Mohan along with his wife Smt. .Sumanlata and his daughter and sons left Jaipur for Ajmer in a taxi car bearing registration No. RST 76 of which, respondent No. 9 Asu Singh (since dead) was the driver Smt. Sumitra Pandit, respondent No. 8 is the owner of the taxi car. When the taxi car came near Sri Nagar-bye-pass, appellants tractor bearing registration No. RJS 1272, which was being driven by Shri Banshi Lal, respondent No. 14, turned towards Jaipur. According to the claimants, the respondents No. 1 to 7, the car was hit by the tractor on the back side, with the result that the driver of the car lost his control and it hit again a truck No. RRR 4197 which came to halt without giving any indication, as a result of which, the taxi car over-turned and Anand Mohan died on the spot. He was a Civil Maintenance Engineer and was aged 42 years and was drawing a sum of Rs. 26,966/- per year. The claimants filed claim for an amount of Rs. 1079707/-from the owners of the three vehicles and the insurance company with which these vehicles were insured, Smt. Sumitra Pandit, respondent No. 8 denied all the allegations for Want of knowledge but admitted that she was the owner of the taxi car and that it was insured with New India Assurance Co. and that she had given the said taxi car to Ravi Prakash Chaturvedi one of his servants for his personal use and the vehicle was not being driven as a taxi car. Asu Singh driver of the taxi car did not file any reply to the claim petition. New India Assurance Co. and that she had given the said taxi car to Ravi Prakash Chaturvedi one of his servants for his personal use and the vehicle was not being driven as a taxi car. Asu Singh driver of the taxi car did not file any reply to the claim petition. New India Assurance Co. has filed a separate reply and admitted that the taxi car was insured with the company and submitted that the accident took place on account of rash and negligent act of the truck driver and not of the taxi driver and the tractor driver was also not responsible for the accident and therefore, it was not liable to pay compensation and that compensation should be recovered from the owner of the truck driver or the insurance company with which it was insured. Rajendra Kumar has admitted that he was the owner of the tractor No. RJS 1372 and that it was being driven by Banshi Lal, driver, at the time the accident took place and that it was insured with New India Assurance Co. It has further been submitted that the accident did not take place on account of rash and negligent driving of the tractor but the accident took place on account of negligence of the truck driver. Mamraj, truck driver and Nahar Singh, owner of the truck, did not file any reply to the claim petition. United India Insurance Co. respondent No. 13, has admitted in reply that truck No. RRR 4197 was insured with it and has further submitted that the truck was stationary at the time the taxi car and the tractor collided. It was after the accident that the car also struck the truck which was standing and since it was not a case of rash and negligent driving of the truck, the Insurance Co. was not liable to pay any compensation. It was after the accident that the car also struck the truck which was standing and since it was not a case of rash and negligent driving of the truck, the Insurance Co. was not liable to pay any compensation. The Tribunal framed the following issues:- ^^1- D;k VSDlh pkyd vklqflga us VSDlh dks ykijokgh o mis{kkiwoZd pykdj VDdj ekjh vkSj nq?kZVuk dh\ izkFkhZA 2- D;k VªsDVj vkt-ts-,l- 1372 dks mlds pkyd cakhyky us fcuk ladsr fn, ykijokgh o rstxfr ls pykrs gq, t;iqj dh vksj eksM+k o bl dkj.k VSDlh mDr VsªDVj ls VdjkbZ\ izkFkhZA 3- D;k Vªd vkj-vkj-vkj- 4197 dks mlds pkyd dkukjke us fcuk iwoZ ladsr fn, ykijokgh ls lM+d ij [kM+k dj fn;k o bl dkj.k VSDlh mDr Vªd ls VdjkbZ o bl dkj.k vkuUn eksgu dh e`R;q gqbZA 4- D;k izkFkhZx.k] izfroknhx.k ls {kfriwjd izkIr djus dk vf/kdkjh gS\ ;fn gka rks fdl dnj o fdruk] fdl&fdl ls\ izkFkhZA 5- D;k ;kfpdk vof/k ckf/kr gS\ vizkFkhZA 6- D;k vizkFkhZ la- 1 us VSDlh vkj-,l-Vh- vius deZpkjh jfoizdkk dks ?kjsyw dk;Zok nh Fkh vkSj bldk bl dk;Zokgh ij D;k izHkko gS\ 7- vk;k fd ikfylh dh krksZa ds vuqlkj foi{kh la- 1 okgu ds Lokeh us nq?kZVuk dh lwpuk o nLrkost chek dEiuh dks ugha fn;s] vr% foi{kh la- 3 Dyse dh jkfk vnk djus ds fy;s mRrjnk;h ugha gS] tSlkfd foi{kh la- 3 ds mRrj ds pj.k la- 9 esa vafdr gS\ 8- vk;k fd nq?kZVuk ds le; okgu la- vkj- ,l- Vh- 76 ds pkyd ds ikl oS/k ykblsUl ugha Fkk] tSlkfd foi{kh la- 3 ds mRrj ds pj.k la- 25 esa vafdr gS\ 9- vuqrks"kA 3. Claimants examined PW-1 Krishna Mohan Chaturvedi, PW 2 Smt. Sumanlata Chaturvedi whereas Banshilal alone was examined as a witness of the non petitioners. 4. The tribunal after examining the evidence led before it. came to the conclusion that the truck stopped suddenly and was standing on the highway an the left side covering 2-4 feet of the main highway road and the truck drive had gone to have a cup of tea, and the taxi car and the tractor collided. After that only, it struck the truck but if the truck had not been parked covering highway the accident could have been avoided. He has come to the conclusion that the taxi car which was being driven at a speed of 84-85 Kms. After that only, it struck the truck but if the truck had not been parked covering highway the accident could have been avoided. He has come to the conclusion that the taxi car which was being driven at a speed of 84-85 Kms. per hour on the highway collided with the tractor coming from the side and entering the highway and that the accident could have been avoided if the driver of the taxi car was cautions. Ultimately, the Tribunal has held that driver of the taxi car, truck and the tractor were responsible for the accident and the accident took place on account of rash and negligent driving of these three vehicles. Therefore, the Tribunal came to the conclusion that all the respondents are severally and jointly responsible. Issue Nos. 5,6,7, and 8 have been decided against the respondents as no evidence was led on this count. On the point of quantum of compensation, it has come to the conclusion that the deceased Anand Mohan was born on 11.9.1935 and therefore was 43 years of age at the time of accident and was drawing a total salary of about 1787.50 p.m. including basic pay, dearness allowance and bonus. Tribunal has not included the conveyance allowance and coal field allowance as his income. The Tribunal also held that the deceased used to spend about 1/3rd on himself & 2/3rd on his family and thus, he was spending. Rs. 1200/- only on his family. Smt. Sumanlata was given service by the Steel Authority of India after six months of the death of deceased Anand Mohan and was drawing Rs. 540/- per month including allowances. The date of retirement in the company was 58 years and the deceased would have served for nearly 15 years in the company. As such, the Tribunal has found that the claimants are entitled to an amount of Rs. 1200/- x 12 x 15 i.e. Rs. 2, 16,000/- The Tribunal further found that the deceased Anand Mohan would have lived at least upto 65 years and therefore, the claimants are entitled to a sum of Rs. 1800x12x3= Rs. 43,200/-, and thus, the claimants were entitled to a total amount of Rs. 2,59, 200/-. After discussing the case law, the Tribunal came to the conclusion that the New India Assurance Co. with which the taxi car was insured. is liable to pay only Rs. 1800x12x3= Rs. 43,200/-, and thus, the claimants were entitled to a total amount of Rs. 2,59, 200/-. After discussing the case law, the Tribunal came to the conclusion that the New India Assurance Co. with which the taxi car was insured. is liable to pay only Rs. 10,000/- per passenger of the taxi car and also Rs. 50,000/- for the liability of the tractor. It has further been found by the Tribunal that United India Insurance Co. with which the truck was insured is also liable to pay only a sum of Rs. 50,000/-. As such, finally the Tribunal has come to the conclusion that claimants were entitled to get a sum of Rs. 2,59,200/- and interest @ 9% per annum from the date the petition was filed till the date of the Award and 12% from the date of the award till the amount is paid. It is against this award dated 21.10.1986 that the miscellaneous appeal has been filed by the owner of the tractor on 20.2.1987. It was admitted on 11.3.1987. 5. An application was filed under Order 1 Rule 10 (2) read with Sec. 151 CPC by respondent No. 8 claiming to be impleaded as appellant No. 2 and to allow her to serve the respondents No. 1 to 7 but the respondent No. 8 did not press the prayer for transposing respondent No. 8 as appellant but confined her prayer only to give her an opportunity to get the notices of respondent No. 1 to 7 served. As is evident from the proceedings of the court dt. 13.11.1991, the notices were sent by registered post and since the envelopes did not return back as undelivered a presumption was raised under Rule 99 of the Rajasthan High Court Rules that the service was sufficient. Respondents Nos. 1 to 7 filed cross-objections on 10.1.1992 along with application u/s 5 of the Limitation Act for condonation of delay. Service was complete on all the respondents only on 28.1.1992. Thereafter, arguments were heard. 6. Respondents Nos. 1 to 7 filed cross-objections on 10.1.1992 along with application u/s 5 of the Limitation Act for condonation of delay. Service was complete on all the respondents only on 28.1.1992. Thereafter, arguments were heard. 6. Learned counsel for the appellant, owner of the tractor has very vehemently submitted that there was no fault of the driver of the tractor and actually, accident had taken place because of the negligence of the truck driver who had stopped the truck suddenly and parked it covering upto the middle of the main highway and therefore, the taxi driver could not control and dashed with the truck. Meanwhile, the tractor also came on the road from the side and it hit only at the back side of the car. At the most, it could be a case of composite negligence for which all the three-taxi car, tractor and truck are equally responsible. He has further submitted that the liability of the Insurance Company in respect of tractor was unlimited. He has pointed out that a Tractor is not covered by clause (a), or (b) of Sec. 95 (2) of the Motor Vehicles Act because it is neither a goods vehicle nor a vehicles arraying passengers for hire or reward. It will fall only in the residuary clause i.e. clause (c) vehicles of any other class for which the amount of liability is liability incurred. He also drew my attention to Sec. 2 (8) which defines goods vehicle, as under: "(8) "Goods vehicle" means any motor vehicle constructed or adapted for use for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods solely or in addition to passengers." 7. He has placed reliance on Bolani Ores vs. State of Orissa (1) and has submitted that the Insurance Company is liable for the whole of liability which has been fastened on the truck owner. He has also placed reliance on a judgment of this Court, dated 24.3.1987 in The New India Assurance Co. V. Smt. Kusum Jaluria (2) which was referred and relied by this court again in Sajid Mian v. Ganga (3). He has further submitted that the appellants vehicle has been described as tractor with compressor in the insurance policy issued by the New India Insurance Co. Compressor is one unit. V. Smt. Kusum Jaluria (2) which was referred and relied by this court again in Sajid Mian v. Ganga (3). He has further submitted that the appellants vehicle has been described as tractor with compressor in the insurance policy issued by the New India Insurance Co. Compressor is one unit. Compressor works only when the tractor engine works and is not goods which a tractor carries. He also placed reliance on New India Assurance Co. Ltd. V. Gordhan Bhai Ambalal Barot (4). 8. Learned counsel for United India Insurance Co. has submitted that the truck was insured with United India Insurance Co. with which the taxi car collided wherein the deceased was travelling. The liability of the United India Assurance Co. has been fastened to the extent of Rs. 50,0(0/- being the limited liability and the appellant has not challenged that finding given in the Award. Learned counsel for New India Assurance Co. has vehemently challenged the finding of the Tribunal on issues No. 1, 2 and 3 and has urged that the accident had taken place not because of the negligent driving of the tractor. The claimants have not examined Munshiram and site inspection note has not been produced, therefore, adverse inference should be drawn. There is no cross-examination on material points of NAW-1 driver of the tractor and there is nothing to disbelieve his statement given in the examination-in-chief. Even the deceaseds wifes statement, when read as a whole, shows that the accident had taken place not on account of negligence or rash driving of the driver of the tractor. He has further submitted that the tractor is covered within the definition of goods vehicle given in Sec. 2 (8) of the Act. He drew my attention to sub-clause 2 (7) giving definition of goods as under: "(7) "Goods" includes live-stock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or Personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle". 9. 9. He has further drawn my attention to sub-clause (3) of Sec. 2 of the Act which defines tractor as under: "Tractor means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion) but excludes a road roller... 10. He has therefore, submitted that the tractor in the present case should be covered by the provisions of Section 95 (2) (a) and the maximum liability could be of Rs. 50000/- only. He has tried to distinguish case of Bolani Ores (supra) by saying that the observations are in different context. He has further submitted that the recent decision of this Court in Ramanand v. Lalita Sharma (5) does not lay down correct law and needs another look. Since in the facts and circumstances of the case, there appears to be a composite negligence of all the three vehicles, therefore, the liability has to be apportioned between them. It has further been submitted that respondent No. 8 has filed cross-objections very much delayed and she has given no grounds to condone delay nor has shown any sufficient cause for condonation of delay and the application u/s 5 of the Limitation Act has been filed in a casual manner, very vaguely, without giving any reasons and, therefore.application u/s 5 should be dismissed and the cross-objections need not be entertained and that since there has been no miscarriage of justice, this Court should not exercise its power under Order 41 Rule 33 CPC. He further submitted that the appeal had been filed only by the owner of the tractor and the insurance company can only support the appellant but other respondents who have not filed any cross-objections cannot pray or request that the Award should be modified in their favour. 11. I have considered the arguments advanced by learned counsel for the parties and have also perused the authorities cited before me. 12. First of all, I would like to deal with the objections of Mr. R.M. Lodha, learned counsel for respondent No. 10, that the cross objections are time barred and should not be entertained and considered. A perusal of the record shows that respondent Nos. 1 to 7, the claimants, were not being served on the addresses which had bean mentioned in their claim petition. R.M. Lodha, learned counsel for respondent No. 10, that the cross objections are time barred and should not be entertained and considered. A perusal of the record shows that respondent Nos. 1 to 7, the claimants, were not being served on the addresses which had bean mentioned in their claim petition. It was only when respondent No. 8 was allowed to get the notices of the respondent No. 1 to 7 served that she sent notices by registered post and since the registered envelopes containing the notices did not return undelivered the notices were deemed to have been served under Rule 99 of the Rajasthan High Court Rules. Notices were sent by registered post on 17.11.1991 and an affidavit was filed on 23.1.1992 and the court ordered for deemed service on 28.1.1992. Cross objections on behalf of respondent Nos. 1 to 7 were filed on 10.41992 along with an application u/s 5 of the Limitation Act duly supported by an affidavit wherein it has been mentioned that the claimants originally used to live in Mathura and they had shifted from Mathura long back, therefore, the notices were not being served personally on them. The person who had received the registered envelopes containing notices, informed them on telephone only on 8.4.1992, thereafter, the claimants immediately rushed, contacted an Advocate and instructed him to file the cross-objections, which was done on 10.4.1992. No reply has been filed nor any affidavit controverting the facts mentioned in the application has been filed. In this view of the matter, it cannot be said that the cross-objections were filed at a belated stage and I think it proper, in the interest of justice to allow application u/s 5 of the Limitation Act and condone the delay in filing cross-objections. Therefore, the cross-objections have to be taken into consideration. Section 95 (2) reads as under. In this view of the matter, it cannot be said that the cross-objections were filed at a belated stage and I think it proper, in the interest of justice to allow application u/s 5 of the Limitation Act and condone the delay in filing cross-objections. Therefore, the cross-objections have to be taken into consideration. Section 95 (2) reads as under. "Subject to the proviso to sub-section (1) a policy of insurance shall cover any liability incurred in respect of any one accident upto the following limits, namely: (a) Where the vehicle is a goods vehicle, a limit of one lakh and fifty thousand rupees in all, including the liabilities if any, arising under the Workmens Compensation Act, 1923, in respect of the death of, or bodily injury to, employees (other than the driver), not exceeding six in number, being carried in the vehicle; (b) Where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment:- i) in respect of persons other than passengers carried for hire or reward, a limit of fifty thousand rupees in all; ii) in respect of passengers, a limit of fifteen thousand rupees for each individual passenger; (c) Save as provided in clause (d), where the vehicle is a vehicle of any other class, the amount of liability incurred; (d) Irrespective of the class of the vehicle, a limit of rupees six thousand in all in respect of damage to any property of a third party." 13. Sec. 95 (2) (a) deals with goods vehicle whereas Sec. 95(2)(b) deals with the vehicle in which passengers are carried for hire or reward whereas Sec. 95 (2) (c) is a residuary clause limiting the amount of liability Keeping in mind the observations of the Supreme Court in Bolani Ores case (supra) to the effect that a tractor though it may be a motor vehicle within the definition that term is neither a goods vehicle nor a vehicle which carries passengers and the observations of this court in the cases of Kusum Jaluria and Sajid Miyan (supra), wherein New India Assurance Co. was a party and which judgment has become final and the case of Gordhan Shai (supra), I am of the view, that tractor cannot be said to be a goods vehicle more particularly when in the present case, in the insurance policy, the vehicle has been described as a tractor with compressor. It cannot be said that tractor is covered within the definition of goods vehicle given in the Act. Moreover, in the present case, the insurance company had never raised this point before the Tribunal and only argued regarding limited liability and therefore, this point has to be decided in favour of the appellant as has been observed in New India Assurance Co. Ltd. vs. Charan Kaur (6). Burden of proving that liability is limited is on the insurance company. Since it had not raised the question of limited liability, it is not open in appeal to press this point, as has been observed by the division bench of this court in National Insurance Co. Ltd. v. Narain Das Mehta (7) and therefore also the objection of the insurance company has to be rejected. It is interesting to note that the insurance company had neither taken place that the tractor was a goods vehicle or that his liability is limited nor led any evidence in this regard, therefore also, the insurance company is liable for the total compensation. As has been observed in Jugal Kishore vs. Rai Singh (8), United India Fire & Gen!. Insurance Co. Ltd. v. Pallamparty Indiramma (9), Ajit Singh vs. Sham Lal (10) and General Assurance Society Ltd. vs. Avtar Singh (11), an insurer can raised defence which is available u/s 96 (2) of the Act, only. 14. Therefore, it cannot be said that the tractor is covered within the definition of goods vehicle given in the Act and hence, it is covered not by Sec. 95 (2) (a) but by Sec. 95 (2) (c) where the limit of liability is the amount of liability incurred. 15. Now coming to the cross-objections. The Tribunal did not award any amount under the head-loss of consortium to the wife, loss of love and affection to the children and mental agony and pain suffered by the claimants. 15. Now coming to the cross-objections. The Tribunal did not award any amount under the head-loss of consortium to the wife, loss of love and affection to the children and mental agony and pain suffered by the claimants. Learned counsel for the claimants placed reliance in this connection, on a full bench decision of this Court in Rajasthan State Road Transport Corporation v. Kistoori Devi(12) which was relied by this Court again in National Insurance Co. Ltd. v. Tulsi Devi (13), Looking to the facts and circumstances of the present case, I am of the view that the Tribunal was wrong in not awarding compensation on this and I think it proper to award Rs. 15,000/- to wife and Rs. 2,000/- to each child. The claimants will also be entitled to interest on this amount @ 12% per annum from the date of filing the claim petition. 16. In the result this appeal and cross-objections are disposed of. The award passed by the Tribunal on 21.10.1986 is modified to the extent that the claimants will also be entitled to get Rs. 15,000/- (to wife) and Rs. 2000/-each to children on account of loss of consortium, loss of love and affection and mental agony and pain, in addition to what has been awarded by the Tribunal. The award of the Tribunal is confirmed. The claimants will also be entitled to interest on the amount of Rs. 15,000/- to wife and Rs. 2000/- to each child @ 12% per annum from the date of filing the claim petition. Liability of New India Insurance Co. (insurer of tractor) is unlimited whereas that of the United India Insurance Co. (insurer of truck) is limited to Rs. 50,000/- and that of insurer of taxi is limited to Rs. 10,000/- per passenger. Parties shall bear their own costs.