The above captioned two appeals are directed against common impugned Award of 13th December, 2008 vide which compensation of Rs.45,78,000/- has been granted to legal heirs of one Krishnendu Dasgupta, aged 46 years, a Senior Manager in Engineers India Limited on account of his death in a road accident on 5th June, 2003.

2. In the above-captioned first appeal, enhancement of compensation is sought by legal heirs of aforesaid deceased whereas in the above-captioned second appeal, reduction of compensation is sought by Insurer of vehicle in question i.e. RTV Bus, while alleging contributory negligence. While entertaining these appeals, vide order of 14th July, 2009, awarded compensation stands released to the legal heirs of deceased (hereinafter referred to as Claimants).

3. With the consent of learned counsel for the parties, these two appeals have been heard together and are being decided by this common judgment. The facts as noticed in Award of 13th December, 2008 need no reproduction. Suffice to note that an FIR was registered regarding accident in question and this roa