JUDGMENT :

Mauna M. Bhatt, J.

1. These cross appeals under Section 173 of the Motor Vehicles Act, 1988 ('the Act' for short) are filed challenging the common judgment and award dated 26.2.2010, passed by learned Motor Accident Claims Tribunal (Auxiliary), Himmatnagar in MACP No.964 of 1997 and MACP No.965 OF 1997 , wherein the tribunal allowed both the claim petitions in part.

2. First Appeal No. 2791 arises out of MACP No.964 of 1997, whereas First Appeal No.2792 of 2010 arises out of MACP No.965 of 1997. As both the claim petitions are arising out of same accident and decided by common judgment and award dated 26.02.2010, with the consent of the parties they are heard and decided together.

4. The facts in brief are as under: -

4.1 On 30.6.1997 at around 10.30 a.m., Rashmibhai Manibhai Amin along with Krushan Krupeshkumar Patel were going from Ahmedabad to Godhra in Maruti Car No. GJ-1-PP-471. When they reached near village Veganpur sim, a truck No.GJ-17-X-2655, came from opposite direction in rash and negligent manner and dashed with the Maruti Car. Due to said collision, Rashmibh