JUDGMENT :

1. The First Appeal No.3836 of 2009 is filed by the appellant – Insurance Company against the quantum and negligence and First Appeal No.4304 of 2006 is filed by the appellants – original claimants seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal (Aux.), Jamnagar (hereinafter referred to as “the Tribunal) dated 23.05.2005 passed in M.A.C.P. No.117 of 2002.

2. Brief facts of the present case are that on 08.11.2001, Anil Hemantlal Jankhariya was going on his motorcycle bearing registration no.GJ-10-L-3768, at about 2.30 p.m., near 8 kilometers away from Dhorivav road, one rickshaw came from opposite direction driven by original opponent no.1 in rash and negligent manner dashed with the motorcycle of said Anil Jankhariya, as a result of which, he sustained serious injuries and succumbed to the injuries. Hence, the claimant had preferred M.A.C.P. No.117 of 2002, which came to be partly allowed by the Tribunal vide order dated 23.05.2005 and awarded compensation of Rs.3,70,000/- as against her claim of claiming Rs.10,00,000/-.

3.