JUDGMENT Oral Judgment: 1. Appellant Insurance Company challenges judgment and award dated 13th January 2009 passed by the Motor Accident Claims Tribunal, Gondia in Claim Petition No. 97 of 2006. 2. Facts in brief are as under: Deceased Vinayak Lodhi, husband of claimant no. 1 and father of claimant no. 2 was returning from Arjuni Morgaon with others in Tractor bearing registration No. MH-33/ 9861. He was sitting in Trolly bearing registration No. MH-33/ 3462. When Tractor reached near Morgaon shivar, deceased asked driver Giridhar to stop it which was accordingly stopped. However, before deceased Vinayak alightly properly, driver Giridhar suddenly started tractor and thereby Vinayak fell down and came in the rear wheel of the trolly. He died on the spot. According to claimants, Vinayak was earning Rs. 2000/- per month. Tractor and trolly was insured with present appellant and claimants claimed compensation of Rs. 300,000/-. 3. The insurer denied age and income of Vinayak as also involvement of tractor/trolly in accident. It came up with defence that trolly was overcrowded with passengers due to which deceased fell down and died. Thus, there was breach of policy conditions and insurance company is not liable to pay any compensation to claimants. 4. The Tribunal held that Vinayak Lodhi died due to negligent driving of driver Giridhar and held claimants entitled to receive compensation in the sum of Rs. 2,16,000/-. Considering the prevailing wages then, the Tribunal did not disbelieve the claim that deceased was earning Rs. 2000/- per month. The Tribunal thus held that there was total loss of dependency at Rs. 24,000/- and deducting 1/3rd therefrom, net loss of dependency suffered came to Rs. 16,000/- and since, deceased was 38 years old at the time of motor accident, the Tribunal applied multiplier “13”. The Tribunal awarded Rs. 5000/- towards loss of consortium and Rs. 3000/- towards funeral expenses. 5. In view of the above, contention of learned counsel for respondents no. 3 and 4 that the compensation so awarded by the Tribunal is excessive, is unacceptable. On the contrary, I am of the view that the Tribunal granted inadequate sum towards loss of consortium and it erred in law in not granting any compensation towards loss of love and affection. Similarly, it awarded inadequate amount towards funeral expenses. When this view was expressed, learned counsel for respondents no. On the contrary, I am of the view that the Tribunal granted inadequate sum towards loss of consortium and it erred in law in not granting any compensation towards loss of love and affection. Similarly, it awarded inadequate amount towards funeral expenses. When this view was expressed, learned counsel for respondents no. 3 and 4 insurer contended that there is no appeal filed by claimants dissatisfied with the compensation awarded by the Tribunal nor there is cross-objection filed in the present appeal and, therefore, it is not open for the Court to enhance compensation on any count. 6. In my opinion, there are no fetters upon the Tribunal or Court to award just and reasonable compensation. Hence, the said contention is not acceptable and it deserves outright rejection. In Rajesh & ors v. Rajbir Singh & ors reported in 2013 ACJ 1403, the Apex Court has held that the Tribunal/Court has a duty irrespective of the amount claimed, to award a just, equitable, fair and reasonable compensation in the facts and circumstances of the case, if necessary, ignoring the amount claimed in the application for compensation. The compensation has, therefore, to be reassessed as under: Sr. No. Heads Calculation (i) Monthly Income Rs. 2000/- per month (ii) 50% of (i) above to be added as Rs. 2000+Rs. 1000 pm = Rs. future prospects 3000 pm (iii) 1/3rd of (ii) deducted as personal Rs. 2000 pm Rs. 3000 – Rs. 1000 = expenses of the deceased (iv) Compensation after multiplier of Rs. 3,12,000/. “13” Rs. 2000 x 12 x 13 = is applied (v) Loss of consortium Rs. 50,000/- (vi) Loss of love and affection Rs. 10,000/- (vii) Funeral expenses Rs. 5,000/- Total compensation awarded Rs. 3,77,000/- 7. In the result, present appeal is dismissed with costs. The impugned judgment and award is modified to the extent that original respondents/opponents are jointly and severally liable to pay Rs. 3,77,000/-to the claimants with interest at the rate of 7.5% per annum from the date of filing of the petition till realization. Rest of the order of the Tribunal is maintained.