M.A.C.M.A. No. 2489 of 2007 was filed by the claimants challenging the finding of the Tribunal that the Tribunal having specifically held that the claimants are entitled for an amount of Rs.4,06,000/- as compensation, restricted to the amount of Rs.3,00,000/- which was actually claimed in the claim petition and that the same is not in accordance with law. M.A.C.M.A. No. 2368 of 2007 is filed by the second respondent-New India Assurance Company Limited challenging the quantum of compensation as well as the finding of the Tribunal that the appellant/insurance company is liable to pay compensation to the claimants.

2. Since both the appeals arise out of the award passed by the Motor Accident Claims Tribunal-cum-7th Additional Metropolitan Sessions Judge, City Criminal Court, Nampally, Hyderabad-cum-21st Additional Chief Judge, City Civil Court, Hyderabad in O.P. No. 1242 of 2006 and the common questions of law and fact would arise for consideration, they are being disposed of by the following common judgment.

3. The contention urged by the appellants (claimants) in M.A.C.M.A. No. 2489 of 2007 involves only questions of law whereas the M.A.C.M.A. No. 2368 of 2007 filed