1. M.A. No. 1226/10 has been filed by the Insurance Company u/s. 173 of Motor Vehicles Act, 1988 against the award dated 18.2.2008 passed by Additional Member MACT, Indore in Claim Case No. 14/2007, whereby a total sum of Rs. 2,39,000/- along with interest has been awarded to the claimants holding that the owner and Insurance Company are liable jointly and severally for paying the compensation.

2. MA No. 1745/08 has been filed by the claimants seeking enhancement of compensation against the same award as the compensation is inadequate and unrasonable.

3. Before the Claims Tribunal the plea raised by the Insurance Company that the offending vehicle Tempo bearing registration No. UP 75-A 3615 was plying at the relevant point of time in violation of terms and conditions of Insurance Policy, therefore, the company is not liable to pay the compensation as it was running on the road contrary to the terms of permit. It is contended that the finding recorded by the Claims Tribunal regarding involvement of said vehicle is incorrect, in fact the incident has taken place on 18th January, 2007. The injured was admitted to the hospital and after 4 days he succumbed to the injuries. The