D. C. SRIVASTAVA, J.

( 1 ) THESE two Appeals arising out of the same accident and involving common question of law and facts are proposed to be disposed of by common Judgment.

( 2 ) INTERIM Award of Rs. 5,10,748. 00 together with interest at the rate of 12 % and proportionate cost was awarded by the Motor Accident Claims Tribunal, Nadiad, under Section 163-A of the Motor Vehicles Act. It is this Award which is under challenge in these two Appeals.

( 3 ) WE have heard Shri A. R. Mehta and Shri K. K. Nair for the appellants and Shri Sanjay Amin for the respondents.

( 4 ) LEARNED Counsel for the appellants has contended that the Award is in excess of the amount indicated in the Second Schedule hence it cannot be sustained.

( 5 ) IN First Appeal No. 2445 of 1997 annual income of the deceased was assessed by the Tribunal at Rs. 5696/and similar amount was assessed in other Appeal. Shri Mehta and Shri Nair have drawn our attention to the Second Schedule for the purpose of Section 163-A of the Motor Vehicles Act and contended that while awarding the interim compensation under this Section the Tribunal could not have considered annual income beyond Rs. 40,000. 00 which is the outer limit. I

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