JUDGMENT :

Mauna M. Bhatt, J.

1. These Appeals under Section 173 of the Motor Vehicles Act, 1988 (“the Act” for short), are filed by the appellants – original claimants, challenging the common judgment and award dated 30.04.2005, passed by the Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in Motor Accident Claims Petition Nos. 234 and 235 of 1992. The First Appeal No.2113 of 2008 arises out of MACP No.234 of 1992 and First Appeal No.2238 of 2008 arises out of MACP No.235 of 1992. Both these appeals are filed by original claimants as appellants wherein respondent No.3 is Insurance Company of Truck No. MCU–4046 and respondent No.5 is Insurance Company of Scooter No. GJ–12–4946.

2. As both these appeals arise out of same accident and were decided by common judgment and award dated 30.04.2005, they are heard and decided together.

3. Following facts emerge from the record of the Appeals:

3.1 That on 07.02.1992, Rasik Ambalal along with his two friends namely Mahesh Rajabhai Prajapati and Dilip Velji Prajapati were going from Samakhiali to Anjar. They were on Scooter No. GJ–12–49