JUDGMENT :

1. Feeling aggrieved and dissatisfied with the impugned judgment and award dated 31.12.2010 passed by the Motor Accident Claims Tribunal (Main), Jamnagar (hereinafter be referred to “the Tribunal”), in M.A.C.P. No.406 of 2006 and M.A.C.P. No.427 of 2006, First Appeal No.1488 of 2011 is filed by the legal heirs of the deceased Rajesh Madhavji Sakariya seeking enhancement of the compensation and First Appeal No.1489 of 2011 is filed by the appellant – original claimant seeking enhancement of the compensation whereby the Tribunal has partly allowed the claim petitions.

2. The same set of facts was adduced before the Tribunal and the Tribunal has heard the claim petitions together and so also, the present appeals are heard together and disposed of by this common judgment and order.

3. Brief facts of the present case are that on 28.05.2006, Madhavji Lavjibhai Sakariya was travelling on his Hero Honda Motorcycle bearing registration no.GJ-10-J-7171 from Dharampur to Jamnagar with his son Rajesh, who was sitting as pillion rider and when they reached near Bhatiya Patiya at about