JUDGMENT :

SALIL KUMAR RAI, J.

1. Both the First Appeals From Order have been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘Act 1988’) and arise from the same award of the Tribunal, i.e. the judgment and award dated 26.3.2016 passed by the Motor Accident Claims Tribunal/FTC Court, District-Lakhimpur Kheri (hereinafter referred to as, ‘Tribunal’) in Motor Accident Claim Petition No. 339 of 2014 and were therefore connected and have been heard together.

2. Motor Accident Claim Petition No. 566 of 2016 has been filed by the Insurance Company, which was one of the defendant in Motor Accident Claim Petition No. 339 of 2014 and has been filed to set aside the award dated 26.3.2016. Motor Accident Claim Petition No. 145 of 2017 has been filed by the claimants for enhancement of compensation. The Insurance Company is the appellant in F.A.F.O. No. 566 of 2016 and shall be referred as Insurance Company in the present judgment, the claimants are respondent Nos. 1 to 8 in the aforesaid appeal and shall be referred as claimants in the present judgment. The owner of the offending vehicle is respondent No. 9 in F.A.F.O. No. 566 of 2016 and shall be referred as