( 1 ) THE appeal and the cross-appeal are referred u/s, 110-D, Motor Vehicles Act, 1939, for short, the Act. In their appeal (M. A. No. 48 of 1986), the claimants have prayed for enhancement of the compensation, while in the other appeal (M. A. No. 29 of 1986), the prayer is for setting aside the award in toto.

( 2 ) DECEASED Rameshwardayal Bajpai, a Daftary in the Office of the Accountant General, Madhya Pradesh, at Gwalior, was, admittedly, hit by jeep No. CPH 13, belonging to the Border Security Force, Tekanpur. The accident took place on 3-10-1983 at around 1-30 p. m. and in an unconscious stage, the deceased was removed from place of occurrence to the hospital where, on the same date, in the night, he breathed his last. He was carried to hospital in the same vehicle which had caused the accident and the defence is that the vehicle was not driven rashly and negligently.

( 3 ) TWO questions mainly, evidently, arise for decision in these two appeals. We would examine first, therefore, the defence and evidence that has come on record in that regard. It appears that on three main props, the defence was erected, but in our view, claimants' case is proved allunde to s