AMARESH KUMAR LAL, J.:–M.A.No.241/2004 has been filed by the claimants-appellants against the judgment and award dated 18.03.2004 and 27.03.2004 respectively passed by the 3rd Additional District Judge-cum-Motor Accident Claims Tribunal, Muzaffarpur in Claim Case No.100/2002 for setting aside/modifying the order for enhancement of the amount of compensation.

2. M.A.No.289/2004 has been filed by the Insurer-appellant, the New India Assurance Company Limited for setting aside the aforesaid judgment and award dated 18.03.2004 and 27.03.2004 respectively passed by the 3rd Additional District Judge-cum-Motor Accident Claims Tribunal, Muzaffarpur in Claim Case No.100/2002 on the ground that the insurer is not liable to pay the amount of compensation.

3. Since both the appeals arise out of the same judgment and award, as such, both the appeals have been heard together and are being disposed of by this common judgment.

4. The case of the claimants, in brief, is that on 25.04.2001, the deceased Raja Thakur was standing on the flank of the road and was waiting for a vehicle for going to Darbhanga. In the meantime at about 8.00 A.M., a truck bearing registration no.BR-1G-5725 being driven rashl

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