Om Prakash-VII, J.: -

1. The aforesaid two appeals have been filed against the judgmentward dated 4.9.2004 passed by the Motor Accident Claims Tribunal/Additional District Judge 2, Kanpur Nagar (in short 'the Tribunal') in M.A.C.P. No. 316 of 2002. Since these two appeals involve common questions of fact and law, therefore, the same are being decided by this common judgment. The First Appeal From Order No. 2760 of 2004 is being treated as leading case.

2. The First Appeal From Order No. 2760 of 2004 has been filed by the New India Assurance Co. Ltd. with the prayer to set-aside the aforesaid award on the ground that the Tribunal has illegally awarded the amount in the impugned award.

3. The First Appeal From Order No. 2657 of 2004 has been preferred by the appellants in the said appeal for enhancement of the awarded amount under the impugned award whereby the Tribunal has awarded compensation of Rs. 5,03,000/- along with 8% simple interest.

4. The brief facts of the case are that on 24.1.2002 at about 8.00 a.m. in front of Ghari Soap Factory on G.T. Road, P.S. Chaubeypur, District Kanpur Nagar deceased Ajay Kumar Dwivedi was going on foot extreme left hand side of the road and