JUDGMENT :

R.P. Dholaria, J.

As this group of six appeals is arising out of the common judgment and award dated 10.7.2002 delivered by learned Motor Accident Claims Tribunal (Auxi), Panchmahal at Godhra in Motor Accident Claim Petition No.8 of 1990 and allied claim petitions, they have been heard together and decided by this common judgment.

2. By way of preferring First Appeal Nos.879, 880 and 881 of 2003, the appellant – S.T.Corporation has, inter alia, contended that learned Tribunal has failed to consider contributory negligence on the part of driver of offending tempo No.GRY 4564. It is further contended that learned Tribunal has also wrongly attributed the sole negligence on the part of driver of the S.T.Corporation. It is contended that learned Tribunal has awarded the compensation in the aforesaid claim petition which is excessive in nature and the same is required to be reduced, as such.

3. The original claimants have preferred First Appeal Nos.892, 893 and 894 of 2003, inter alia, contending that compensation awarded by learned Tribunal is lower on side which is required to be enhanced, as such.

4. The short facts giving rise to the present appeals are that the accident had oc