JUDGMENT :

R.M.CHHAYA, J.

1. Feeling aggrieved and dissatisfied by the impugned judgment and award dated 30.09.2016 passed by the Motor Accident Claims Tribunal (Main), Ahmedabad (Rural) at Mirzapur in M.A.C.P. No.1486 of 2013, the original claimants have preferred First Appeal No.3215 of 2017, whereas, the appellant – New India Assurance Co. Ltd. has preferred First Appeal No.542 of 2017 under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”).

2. Both the appeals are tagged together and are heard together and the same are disposed of by this common judgment and order.

3. Following facts emerge from the record of these appeals.

3.1 That the accident took place on 11.07.2013 near Ravlipur Patia on National Highway No.8 i.e. between Ahmedabad to Vadodara. It is the case of the claimants that the deceased Ramavadh Samu was driving Oil Tanker bearing registration no.GJ-1-AT-7711 from Ahmedabad to Vadodara. The record indicates that when the Tanker reached at the scene of occurrence on highway, a Crane bearing registration no.MH-43- 0952 was lying on the road without any light or reflector or indicator and because of which the Oil Tanker dashed behind the Cra