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 judgment and award dated 7.8.2012, passed by the Motor Accident Claims Tribunal (Auxi.), Court No.9, Ahmedabad in M.A.C.P. No.678 of 2005.

2. In First Appeal No. 3831 of 2012 appellants are the original claimants and filed this appeal seeking enhancement of compensation whereas in First Appeal No.806 of 2013 appellant is the Insurance Company (original Opponent No.3), and filed this appeal questioning its liability to pay the compensation.

3. As both these cross appeals are arising out of judgment and award dated 7.8.2012, in M.A.C.P. No.678 of 2005, for the same accident, they are heard and decided together.

4. Following facts emerge from the record of these appeals:

4.1. That Shri Dineshchandra Hasmukhlal Thakkar (herein after referred to as deceased) was going to his office at Jindal Taxofab on 6.8.2005 by driving a scooter bearing registration No. GJ-1-JJ-7510. When he reached near Nirma underpass closer to Hanumanji Temple, the dr