Singh, C.J. -- 1. We propose to decide both the aforesaid appeals (Misc. Appeal No. 192/96 -- Umedchand Golcha (dead) through Legal Heirs v. Dayaram and others, and Misc. Appeal No. 88/98 -- Smt. Sunita and others v. Smt. Pushpa Sharma and others), since common questions for consideration and decision arise in both of them.

2. Before adverting to consider the same, desirable it would be to make mention of material facts of the cases one after the other.

3. Misc. Appeal No. 192/96 is directed against the award dated 21.11.1995 passed by the Motor Accidents Claims Tribunal (IIIrd), Durg, in Claim Case No. 75/86. The claimant-Umedchand Golcha (dead) was going from Rajnandgaon to Durg on motorcycle of his friend Shikharchand Jain on 1.3.1984. The truck bearing registration No. CPR 8964 belonging to Satyanarayan Sharma, driven by Dayaram and insured with Oriental Fire and General Insurance Company Ltd, dashed against the said motorcycle. As a result of this accident, the claimant fell down and his right leg was seriously injured, apart from injuries on other parts of the body. He availed treatment at various places like Durg, Pune, Madras, Vishakhapatnam and Bombay. His claim is t