(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)

These two appeals under Section 173 of the Motor Vehicles Act, 1988 are at the instance of the Insurance Company and are directed against the selfsame award dated 13th September, 2004, passed by the Motor Accident Claims Tribunal (Auxiliary), Surendranagar, in MACP No. 404 of 1994, by awarding a sum of Rs. 8,92,440/-with interest at the rate of 9% per annum from the date of filing of the application till realization with costs holding the opponents jointly and severally liable to pay the amount, whereas in MACP No. 405 of 1994, the Tribunal awarded a sum of Rs. 9,32,000/-with interest at the rate of 9% per annum from the date of filing of the application till realization with costs holding the opponents jointly and severally liable to pay the amount. Being dissatisfied, the Insurance Company has come up with the present appeals.

Although the claim petitions were allowed in part, the claimants have not filed either any appeal against the award or cross objections in these appeals.

2. It appears from the materials on record that there was an accident on 26th December, 1993 at about 3.15 in the early morning at a place called Dedad