J.K. Maheshwari, J.

Both these appeals are arising out of the same award dated 5th August, 2011, passed by Motor Accident Claims Tribunal, Alirajpur in Claim Case No. 47/2010. M.A. No. 2605/2011 has been filed by the claimants assailing the deduction of ex gratia of Rs. 7,00,000 paid by the Bank to the family members of the deceased while M.A. No. 2270/2011 has been filed by the Insurance Company on the ground of false implication of vehicle as well as the award of compensation of ex gratia.

2. It is not in dispute that Ramprasad Pandey, going on a motorcycle has been died in a road accident took place on 19th February, 2010. In the claim petition it is alleged that when the deceased was going on his motorcycle along with Amit Dubey, the jeep bearing No. GH-6-A-4620 driven rashly and negligently, dashed the motorcycle thereby the deceased died on spot. Being an employee of the Bank deceased was getting regular salary. Appellants had filed the claim petition u/s 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs. 36,00,000.

3. Insurance Company has taken defence of false implication of vehicle inter alia contending that accident has not taken place fro