( 1 ) TWO appeals (First Appeal No. 407 of 1998 - Nasimbanu, widow of Sirajuddin amruddin Kazi and others Ramjibhai bachubhai Ahir and others, for enhancement of compensation and First Appeal No. 3656 of 1998 - The New India Assurance Company limited V/s. Nasimbanu, widow of Sirajuddin amruddin Kazi and others for setting aside the award dated 30. 8. 1997 passed by the mact, Kheda at Nadiad - MACP No. 372/88) are proposed to be disposed of by this judgment.

( 2 ) SHORTLY stated, Sirajuddin amruddin Kazi (deceased) was driver of tanker bearing Registration No. GTB-6374 of kavina Transport Company owned by ramjibhai Hirabhai Ahir (respondent-2 in FA 407/98) and insured with the New India assurance Company Limited. Accident took place on 23. 12. 1987 at Boriyavi village when deceased was going from Abmedabad to vadodara and the offending vehicle Truck bearing Registration tlo. GQY-4478, driven by ramjibhai Bachubhai Ahir (respondent 1 in fa 407/08) clashed against the tanker driven by Sirajuddin Amruddin Kazi. As a result of this accident, deceased (33) died leaving behind the claimants Nasimbanu (widow) and two minor children Sadiq Siraiuddin Kazi and shabana Sir