JUDGMENT :

Both these two appeals being connected and arising out of a common judgment and award passed by the Motor Accidents Claims Tribunal, Kamrup are analogously heard and disposed of by this common judgment and order.

2. While MAC App No. 856/2018 is preferred by the Insurance Company, MAC App No. 860/2018 is preferred by the claimant.

3. The impugned judgment and order dated 11.06.2018 is passed by the MACT No. 1, Kamrup in MAC Case No.524/2016. By the aforesaid judgment, an amount of Rs.4,00,000/-with interest @ 7% pa has been awarded. While the Insurance Company has challenged the Award in the appeal preferred by it, the claimant has prayed for enhancement of the amount in the appeal preferred by him.

4. Before coming to the issues which have arisen for determination, it would be convenient if the basic facts of the case are narrated in brief.

5. The projected case of the claimant is that on 20.12.2014, his son was driving a vehicle (Ford Eco Sport), bearing Reg. No. AS-01/BF-8788 and near Palashbari, a truck carrying sand (Tata), bearing no. AS-21/C/0779 had hit the claimant’s vehicle on the front left side. It is contented that the claimant’s vehicle was completely damaged in