( 1 ) BOTH these appeals have been filed by the appellant National Insurance Company Ltd. , challenging the common award passed by the Motor Accident Claims Tribunal (Aux.), Ahmedabad (Rural), at Mirzapur, in M. A. C. P. Nos. 532 of 1989, 533 of 1989 and 458 of 1989, dated 21/09/1992. By the impugned award, the Tribunal partly allowed the said petitions. In M. A. C. P. No. 532 of 1989, The Tribunal held opponents Nos. 1, 2 and 3 jointly and severally liable to pay Rs. 4,06,000. 00 to the claimants with running interest at the rate of 15% per annum from the date of application till realisation, with a rider that if the opponents pay the said amount or deposit in the Tribunal within two months from the receipt of the copy of the award (the time consumed in preparing the copy shall not be taken into account in calculating this period of two months), on being applied within seven days of the award and they shall pay the interest at the rate of 12% with proportionate costs. In M. A. C. P. No. 533 of 1989, the Tribunal held opponents Nos. 1, 2 and 3 jointly and severally liable to pay Rs. 2,89,000. 00 to the claimants with running interest at the rate of 15% per annum from the date of application till realisation with the same condition stated above. Since the appellant Insurance Company has filed the appeals being First Appeals Nos. 384 of 1993 and 385 of 1993 against the judgment and award dated 21st September 1992 in M. A. C. P Nos. 532 of 1989 and 533 of 1989 only, and has not challenged the judgment and award passed in M. A. C. P. No. 458 of 1989, it is not necessary for us to state the operative order passed in the said petition.

( 2 ) THE brief facts giving rise to these two appeals can briefly be stated as under:on 7. 1. 1989, the victims of the vehicular accident were travelling in mini type Matador bearing No. GBL-9527 from Baroda to Gandhinagar for official work. The vehicle was being driven by deceased Shri Narottambhai Dhulabhai Baria. One Junior Clerk namely Shri Naginbhai Rameshchandra and one officer Shri K. R. Shah were also travelling in the said Matador. When the vehicle arrived near village Koba, at Ahmedabad-Gandhinagar road, one Truck bearing No. GTF-3817 of respondent No. 7 (original opponent No. 2) was coming from the opposite side at a great speed driven by respondent No. 6 (orig. opponent No. 1 ). It is alleged that respondent No. 6 lost control over the steering and dashed with the Matador, with the result, driver Shri Narottambhai Baria, Shri Naginbhai and Shri K. R. Shah sitting in the Matador sustained serious injuries. The injured persons were taken to the Civil Hospital, Gandhinagar. Later on, Shri Narottambhai and Naginbhai were shifted to the Civil Hospital, Ahmedabad, however, Shri Naginbhai succumbed to the injury on the same day, while Shri Narottambhai died on 17. 1. 1989. Shri K. R. Shah who sustained serious injuries was discharged from the Gandhinagar hospital after the treatment. He received injuries on his right hand, mouth, chest and on other parts of the body. He also sustained fractures. His teeth were also broken. After having discharged from Gandhinagar hospital, he also took treatment from Dr. Arvind Patel, Orthopaedic Surgeon at Baroda. The heirs and legal representatives of Shri Naginbhai filed M. A. C. P. no. 532 of 1989 while the heirs and legal representatives of Shri Narottambhai filed M. A. C. P. No. 533 of 1989 and Shri K. R. Shah filed M. A. C. P. No. 458 of 1989. The Tribunal, after appreciating the oral as well as documentary evidence, held that the deceased died as a result of rash and negligent driving of Truck No. GTF-3817 by respondent No. 6. The Tribunal, however, exonerated the driver of Matador van. It may be stated that respondent No. 7 (original opponent No. 2) Gujarat Electricity Board, who was the owner of the offending Truck No. GTF-3817 has not filed any appeal or cross objections even though the said respondent is also held jointly