( 1 ) THESE Appeals and Cross Objections are directed against the Award of Motor Accident Claims Tribunal (Main), Panchmahals at Godhara, MACP No. 98 of 1984, dated 29. 10. 1988. First Appeal No. 468 of 1989 is by insured for setting aside the award, First Appeal No. 931 of 1989 is by State of Gujarat for setting aside the Award against it, while Cross Objections No. 90 of 2004 are by claimant for enhancement of Award. Therefore, they arise out of the same accident, same parties and common Award. Consequently, being disposed of by this judgment.

( 2 ) SHORTLY stated, accident took place on 10. 8. 1983. Shri R. D. Chaudhari (claimant) was Police Sub Inspector at that time. Along with other police officials, he had gone to Godhara, Dahod, etc. on 9. 8. 1983 from Balasinor in connection with investigation of dacoity case registered at Balasinor Police Station vide C. R. No. 59 of 1983. Rasulmiya Ahmadmiya (opponent-1) was driver of Jeep by which the police party was traveling. When they reached near Vavadi-Khurda Patiya on Godhara-Sevalia highway at about 3:30 a. m. , it is alleged that Truck bearing registration No. GTH-7772, driven by Ganikhan Ahmadkhan Malek (opp