ABHILASHA KUMARI, J.

( 1 ) FIRST Appeal No. 197 of 2006, arising out of M. A. C. Petition No. 214 of 1996, and First Appeal No. 198 of 1997, arising out of M. A. C. Petition Nos. 215 of 1996, have been filed by the New india Assurance Co. Ltd. against the common judgment and award dated 23/9/2005 passed by the Motor Accident Claims Tribunal, Surendranagar. Since both these appeals have been decided by a common judgment and award, the same are being heard together.

( 2 ) BRIEFLY stated the facts, as emerge from the record of M. A. C. Petition nos. 214 and 215 of 1996, are that the accident occurred on 7/10/1995 at about 5-30 in the morning in village Sawa under Kosamba Police Station, Surat. The deceased Devuben and Vijuben along with other relatives were sitting in Jeep no. MWN No. 1126 and going from Nasik to Chotila to visit the temple of "mataji" at that place, prior to the incident. After visiting the said temple, they travelled in the said jeep to Velavadar. The Navratri festival was going on during those days. After participating in the said festival on 6/10/1995, the deceased devuben and Vijuben travelled in the Jeep No. MWN 1126, which belonged to the uncles son of the clai

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