JUDGMENT :

(Mauna M. Bhatt, J.)

1. These Cross Appeals under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’ for short) are filed challenging the judgement and award dated 30.12.2011, passed by the Motor Accident Claims Tribunal, Kutch at Bhuj in MACP No.557 of 2004. First Appeal No. 1128 of 2012 is filed by the Insurance Company seeking reduction in the quantum of compensation awarded, whereas, First Appeal No. 1308 of 2012 is filed by the original claimants seeking enhancement of compensation.

2. As both these First Appeals are arising out of the judgment and award dated 30.12.2011, with the consent of the learned advocates for the respective parties, they are heard and decided together by this common judgment.

3. Short facts, arising from the record, are as under:

3.1. That on 20.08.2004, at around 6.00 p.m. in the evening, Chandrakant Premjibhai Katariya was going towards Patni Bazaar from his residence. At that time, one TVS Victor motor cycle No. GJ-12-AB-8148, came with full speed in rash and negligent manner from behind and dashed with Chandr