JUDGMENT :

Order in First Appeal No.4930 of 2006 and First Appeal No.926 of 2007.

1. First Appeal No.4930 of 2006 is filed by the claimant for enhancement of compensation amount.

1.1 First Appeal No.926 of 2007 is filed by Insurance Company of Truck No.RNC-6411, impugning the judgment on the ground that 100% negligence attributed to the driver of the said Truck, which is not sustained with the evidence on record.

1.2 While, First Appeal No.2251 of 2016 is filed by the Insurance Company of Truck No.GJ-10- T-0357 on the ground that the claimants are heirs of deceased - Kangar Shamgar Gosai, who have also secured the judgment under Workmen’s Compensation Act from Ex officio Commissioner, Workmen’s compensation Act, Labour Court Jamnagar after the judgment and award rendered in the impugned MACP No.880 of 1997.

2. The appeals are directed against the judgment dated 15.05.2006 passed by Motor Accident Claims Tribunal (Aux.), Jamnagar in MACP No.880 of 1997.

3. The facts of the case, as was noted by the Tribunal suggests that deceased - Kangar Shamgar Gosai was Truck driver of Truck No.GJ-10- T-0357, on 12.12.1996 he along with his cleaner Kantibhai Harjibhai Patel. They in the truck loaded wi