K. Kannan, J.

I The adjudication before the Tribunal.

1. Both the appeals relate to the same accident. The appeal by the owner is FAO No. 3460 of 2004 contending that the accident could not take place in the manner stated by the claimants and therefore, the liability cast on the owner was not tenable. FAO No. 4579 of 2004 is an appeal by the claimants seeking for enhancement of compensation for the death that resulted in the accident The death was of a person aged 52 years who left behind a large family of wife and 8 children. The petition was filed under Section 163-A of the Motor Vehicles Act, 1988 (for short 'the Act'). The Tribunal assessed a compensation taking income at Rs. 36,000/- per annum and provided Rs. 2,64,000/- as compensation payable. The contention in defence had been that his vehicle had been parked on the katcha berm of the road due to the fact that the tyre had been punctured and the scooter came in the same direction and hit against the rear side of the insured vehicle. However, this version was not the case which the claimants gave before the Tribunal. A FIR lodged soon after the accident related the accident having occurred by the two vehicles coming