JUDGMENT :

Anuja Prabhudessai, J.

1. These are the appeals under Section 173 of the Motor Vehicles Act, arising out of motor accident claims filed under Section 166 of the M.V. Act.

(i) Appeal No. 496 of 2005 is directed against the judgment and award dated 23.12.2004 in MACP No. 651 of 1997,

(ii) Appeal No. 294 of 2005 is directed against the judgment and award dated 14.10.2004 in MACP No. 385 of 1998, and

(iii) Appeal No. 352 of 2005 is directed against the judgment and award dated 20.10.2004 in MACP No. 386 of 1998, passed by the Claims Tribunal, Raigad.

2. The relevant facts necessary to decide these appeals are as under:

On 21.4.1997 one Balkrishna Zendekar was proceeding from Revdanda to Alibag on motor-cycle bearing no MH-06-B-2054. The appellants Janardhan Zendekar and Shaila were the pillion riders. A maruti van bearing No. MH-06-4349 dashed against the said motor cycle at Navedar Beli. Shri Balakrishna Zendekar, the rider of the motor-cycle expired as a result of the injuries sustained in the said accident, whereas both the pillion riders sustained grievous injuries resulting in permanent disablement.

3. MACP No. 651 of 1997 was filed by the widow and children of the deceased Ba