P.K. Jaiswal, J.

This order shall govern the aforesaid both the appeals, i.e. M.A. No.1871 of 2009 and M.A. No.2039 of 2009, as both are arising out of the same award and relating to the same accident M.A. No. 1871 of 2009 has been filed by the Insurance Company and M.A. No.2039 of 2009 has been filed by the claimants for enhancement of the compensation.

2. The facts giving rise to these appeals are that on 7th August, 2006 at about 12.30 p.m., in the night was going from Kariya to Sailana in loading tempo bearing Engine No. R6-A-20340 and Cassis No. 005915, as per the instructions of the respondent No. 8 for carrying goods, the driver of the said loading tempo driving the said vehicle rashly and neglgiently turned the said tempo turtle and as a result, the Nanalal died. The respondent Nos. 1 to 6 had filed a claim petition u/s 163-A of the Motor Vehicles Act, 1988, against the appellant and rest of the respondents before the 1st Member, Motor Accident Claims Tribunal, Ratlam (M.P.) for compensation of Rs. 9,65,000 on the death of Nanalalji Bhill.

3. The owner and insurer of the vehicle contested the claim and have denied all the material allegations of the claim petition. T