( 1 ) THESE two appeals are directed against the award of the Motor Accidents Claims Tribunal dated 29. 4. 1980, by which a sum of Rs. 78,995. 00 has been awarded to Halima Khatoon and her nine children, legal heirs of deceased Shabbir Ahmed Khan.

( 2 ) THE appeal has been filed by the legal heirs of Shabbir Ahmed Khan seeking enhancement of the amount so awarded, whereas N. D. M. C. has filed the other appeal for setting aside the award taking the plea that there is no satisfactory evidence to prove that Duji Ram, driver employed with the N. D. M. C. , was guilty of any rash and negligent act, resulting in the accident which proved fatal for Shabbir Ahmed Khan who was at the relevant time driving a two wheeler scooter.

( 3 ) THE first question to be decided in these appeals is whether the accident which resulted in death of Shabbir Ahmed Khan had occurred due to rash and negligent driving of Duji Ram, driver of the truck belonging to N. D. M. C. The facts that there took place an accident at the date and time and the place mentioned in the claim petition and Duji Ram was driving the truck as part of his duties with N. D. M. C. are not in dispute.

( 4 ) IT appears that o