JUDGMENT :

1. Feeling aggrieved and dissatisfied with the impugned judgment and award dated 31.12.2005 passed by the Motor Accident Claims Tribunal (Aux.), 2nd Fast Track Court, Dahod (hereinafter referred to as “the Tribunal”) in M.A.C.P. No.1523 of 2004 and 1524 of 2004 which came to be disposed of by common judgment and award, the appellant – United India Insurance Company Limited has preferred the present appeals.

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. Following facts emerge from the record of the appeals.

3.1 That the accident took place on 22.06.1996 at about 3.45 p.m. near Bordagota Dungar and Slop of Kabutari Dam. It is the case of the claimants that the deceased Ashutoshbhai and Manuben were travelling in Tractor bearing registration No.GJ-10- A-9888 which came to be driven by opponent no.1 in rash and negligent manner, due to which, tractor turned turtle and as a result of which the deceased sus