JUDGMENT :

P.C. Verma and B.C. Kandpal, JJ.-Since both these appeals u/s 173 of the Motor Vehicles Act, 1988, have been preferred against the judgment and award dated 7.4.2005 passed by the M.A.C.T./Addl. District Judge, Udham Singh Nagar in M.A.C.P. No. 59 of 2003, therefore, the appeals are being decided by this common judgment. M.A.C.T./Addl. District Judge (hereinafter referred as 'the Tribunal') vide aforesaid judgment awarded compensation of Rs. 7,29,500 along with interest at the rate of 6 per cent per annum from the date of presentation of claim petition till the date of final payment to the claimants payable by Oriental Insurance Co. Ltd.

2. Brief facts of the case are that on 10.10.2002, Pramod Kumar Bansal, along with his friends and relatives was returning to his home in jeep No. UP 04-A 7437 after attending 'Kisan Mela' at Pant Nagar and when they reached at Mehtosh Moar, within P.S. Gadarpur, the jeep was stopped in order to urinate by the occupiers of the jeep. Pramod Kumar Bansal was urinating at the corner of the road. Suddenly tractor-trolley bearing registration No. UP 04-B 4145 came there at a high speed and dashed Pramod Kumar Bansal due to which he was seriously