JUDGMENT : Arun Mishra, J. (1) The appeals have been preferred by the claimants as well as by the insurer aggrieved by an award dated 24. 4. 2007 passed by ninth addl. M. A. C. T. (fast track court) , gwalior in claim case no. 30 of 2006. (2) In an accident dated 5. 6. 2005 caused by truck no. Mp 06 - e 1244 by rajendra singh tomar, one jitendra singh sustained injuries and succumbed to them. The age of jitendra singh was between 30 and 35 years. When he was travelling on a motor cycle on left side of the road, he was dashed by truck driven rashly and negligently by its driver. Report against the driver of truck was lodged. Offence under section 304 - a, indian penal code was registered against him. Compensation in the sum of rs. 24,60,000 was claimed. The monthly income was claimed to be rs. 8,000. (3) The claims tribunal has awarded total compensation of rs. 4,25,000 along with interest at the rate of 9 per cent per annum from the date of filing of claim petition till realization. The liability has been fastened jointly and severally upon the insurer, owner and driver as breach of insurance policy has not been established. Consequently, the insurer as well as the claimants have come up in the appeals. The claimants prayed for enhancement of compensation whereas the insurer has submitted that driver was holding the licence to drive light motor vehicle whereas he was driving heavy goods vehicle, thus, there was breach of policy of insurance, consequently insurer should have been exonerated. (4) First we come to the question of quantum of compensation to be awarded. The deceased was working as agent in the office of r. T. O. He used to do the work of various transporters in the office of r. T. O. There are certificates, exhs. P11 and p12, which have been placed on the record showing income of the deceased to be rs. 3,000 and rs. 2,500 respectively. Thus, it cannot be said from the aforesaid business that there was definite income per month. Consequently, it would be appropriate to assess the income at rs. 3,500 per month. Annual income thus comes to rs. 42,000. P11 and p12, which have been placed on the record showing income of the deceased to be rs. 3,000 and rs. 2,500 respectively. Thus, it cannot be said from the aforesaid business that there was definite income per month. Consequently, it would be appropriate to assess the income at rs. 3,500 per month. Annual income thus comes to rs. 42,000. Making 1/3rd deduction for self expenditure which amount the deceased would have spent on himself had he been alive, annual loss of dependency comes to rs. 28,000. Multiplier of 17 is applicable between the age group of 30 - 35 years, same is applied. Thus, the compensation on account of loss of annual dependency comes to rs. 4,76,000 (rs. 28,000 x 17). In addition, we award a further sum of rs. 40,000 under the other customary heads such as funeral expenses, loss to the estate and for loss of expectancy of life inclusive of a sum of rs. 10,000 awarded to the widow towards loss of consortium. Thus, total compensation comes to rs. 5,16,000 (rupees five lakh sixteen thousand). The enhanced compensation to carry interest at the rate of 7 per cent per annum from the date of filing of claim petition till realization. (5) Coming to the question with respect to breach of policy of insurance we have gone through the documents on record including the policy. There is nothing on record what was the unladen weight of the vehicle. Tribunal has held that there was no breach on the ground that what was unladen weight of vehicle has not been established, it has not been established that unladen weight of vehicle in question was more than 7500 kg. Burden was upon the insurer to prove the breach of the policy, since unladen weight of the vehicle has not been established, it could not be said that insurer has been able to substantiate the breach, otherwise also truck was unloaded at the time of accident. In view of the aforesaid, we find no merit in the appeal filed by the insurer. (6) Resultantly, the appeal preferred by the insurer being devoid of merit is hereby dismissed. Appeal preferred by the claimants is allowed in part to the aforesaid extent. The claimants are awarded total compensation of rs. 5,16,000 (rupees five lakh sixteen thousand). In view of the aforesaid, we find no merit in the appeal filed by the insurer. (6) Resultantly, the appeal preferred by the insurer being devoid of merit is hereby dismissed. Appeal preferred by the claimants is allowed in part to the aforesaid extent. The claimants are awarded total compensation of rs. 5,16,000 (rupees five lakh sixteen thousand). The enhanced compensation to carry interest at the rate of 7 per cent per annum from the date of filing of claim petition till realization. No costs. Orders accordingly.