JUDGMENT :

1. These are a batch of two appeals filed under Section 173 of the Motor Vehicles Act, 1988. One appeal has been filed by the Insurance Company bearing F.A.F.O. No.260/2000 being aggrieved against the award dated 29.02.2000 passed in Claim Petition No.176/1997, wherein a sum of Rs.4,34,000/-along with 12% interest has been awarded in favour of the claimants-respondents. The other appeal bearing F.A.F.O. No.283/2000 has been filed by the claimants seeking enhancement of the award dated 29.02.2000 and in this view of the matter that both the appeals have been clubbed together and heard and are being decided by this common judgment.

2. Since, the Insurance Company has preferred an appeal assailing the award itself, accordingly, first the Court proposes to hear and decide the said appeal and thereafter shall consider the appeal of the claimaints for enhancement if at all any cause subsists subject to the decision of the appeal filed by the Insurance Company.

3. Briefly, the facts giving rise to the instant two appeals are being noticed hereinafter.

4. On 18.11.1996 at around