JUDGMENT :

1. The present appeals are arising out the common judgment and award dated 31.12.2009 passed by the Motor Accident Claims Tribunal (Aux.), Patan (hereinafter referred to as “the Tribunal”) in M.A.C.P. No.610 of 2002 (old M.A.C.P. No.416 of 1992) and M.A.C.P. No.606 of 2002 (old M.A.C.P. No.396 of 1992). The First Appeal No.2396 of 2010 is filed by the appellants – original claimants for enhancement and First Appeal No.3636 of 2011 is filed by the appellant – Oriental Insurance Company Limited.

2. Facts giving rise to the present appeals are that on 28.10.1991, Ratilalbhai Bhavsar (deceased) was travelling as pillion rider along with Chetankumar on his scooter bearing registration No.GAL-1024 from Naradipur to Kalol road, which was driven by Chetankumar and when they reached near Dhamasana Village, at that time, original opponent no.1 came on opposite direction driving his scooter bearing registration No.GAW-3252 in rash and negligent manner and in excessive speed, dashed on right side of the claimants, as a result of which Ratilalbhai sustained fatal injuries.

3. Hear