JUDGMENT

1. Heard Mr. G. N. Sahewalla, the learned counsel for the appellants in MAC App. No. 29/2012 and Ms. R. D. Mozumdar, learned counsel for the appellant in MAC App. No. 115/2011. Also heard Mr. M. Dutta, learned counsel for the respondents/claimants in MAC App. No. 29/2012.

The matter arises out of the same claim petition, the former for enhancement and the latter on merits of the case.

Both the appeals are being disposed of by this common judgment and order considering that they emanate from the same case.

2. These appeals are against the judgment and order passed by the learned Motor Accident Claims Tribunal, Jorhat dated 18.03.2011. The facts of the case is that, on 29.12.2007, the deceased Dilip Tanti, while proceeding towards Teok, the vehicle bearing Registration No. AS-03B/6866 (407 Truck) driven by the opposite party No. 2 knocked him down and he succumbed to the injuries. The said vehicle is insured with the United India Insurance Company, who is impleaded as opposite party No. 3 in the claim petition. The plea of the appellant is that the petitioners are not entitled to compensation from the company as the deceased was a gratuitous passenger. At the trial stage, the