JUDGMENT :

1. This judgment shall also govern the disposal of M.As. No.1301/2015, 1302/2015, 1305/2015 and 1307/2015 as all these appeals have arisen out of the same accident which took place on 31/03/2013. The appeals have been preferred under Section 173 of Motor Vehicles Act, 1988 against the award dated 07/02/2015, passed in claim case Nos.28/2013 and 29/2013 by the Additional Member, M.A.C.T., Bagli, District Dewas (M.P.)

2. M.A. No.1301/2015 has been filed by the claimants against the award passed in Claim Case No.28/2013, on account of death of Manoj Ranawat, whereby the appellants/claimants have been awarded the compensation of Rs.21,52,018/-, whereas, M.A. No.1302/2015 has been filed against the award passed in Claim Case No.29/2013, on account of injuries suffered by appellant Mamta Ranawat, whereby the appellant has been awarded the compensation of Rs.1,69,207/-. Whereas, M.A. Nos.1305/2015 and 1307/2015 have been filed by the National Insurance Co. Ltd. on account of false implication in the aforesaid claim cases respectively.

3. In brief, the facts of the case are that the accident in the present case took place on 31/03/2013, when the appellant Mamtabai was strolling along with her husband Manoj Ranawat after having dinner and while they were walking on the side of the road, at that time, a Maruti Car bearing registration No.MP 09 CG-2236 driven rashly and negligently by respondent No.1 dashed against an ongoing motorcycle bearing registration No.MP 41MD-1596, and because of this collision, the vehicles also dashed against appellant Mamtabai and her husband Manoj Ranawat, as a result of which, Manoj Ranawat died on account of the injuries, whereas Mamta also suffered grievous injuries on her spine and other parts of her body. A criminal case was also registered in this regard, and subsequently the appellants/claimants filed the aforesaid claim cases wherein, the learned Claims Tribunal, after recording the evidence, awarded Rs.21,52,018/- in claim case No.28/2013 from which MA No.1301/2015 by claimant, and MA No.1305/2015 by Insurance Co. have arisen, and awarded Rs.1,69,207/- in claim case No.29/2013 from which MA No.1302/2015 by claimant, and MA No.1307/2015 by Insurance Co havre arisen, and being aggrieved of the same, the present appeals have been preferred.

4. Counsel for the appellants/claimants has submitted that the learned claims tribunal has erred in not considering the fact that the amount of consortium is on lower side, and the loss of estate has also not been awarded, and under the other heads also, the award is on lower side. Hence, it is submitted that the award be enhanced appropriately. It is also submitted that so far as MA No.1302/2015 is concerned, which is in respect of the injuries suffered by the appellant Mamtabai, despite the fact that PW/4 Dr. Yogesh Walimbe has certified that the appellant has suffered 50% permanent disability including her left hand and left leg but the claims tribunal has not considered the same. Thus, it is submitted that the assessment ought to have been made on the basis of the percentage of disability and under the other heads also, the amount is on lower side.

5. Counsel for the respondent No.3/insurance company(appellant in M.A.No.1305/2015 and 1307/2015), on the other hand has opposed the prayer and it is submitted that the insurance company has also filed M.A. No.1305/2015 and 1307/2015 on the ground that the insurance company has been falsely involved in the case as the initial FIR was lodged on 31/03/2013, only against the motorcycle and there is no reference of any car being involved in the case. It is submitted that subsequently when it was found by the claimants that the motorcycle was not insured, a false case has been concocted and it is projected that the collusion was between the motorcycle and the car because of which, the appellant Mamta and her husb