JUDGMENT

With the consent of the parties, heard the matter finally.

2. Both these appeals are arising out of the same award and have been analogously heard and are being decided by this common order.

3. Both the appeals have been filed by the claimants under Section 173 (1) of Motor Vehicles Act being aggrieved by the award dated 27.04.2013 passed by Member, MACT, District Badwani in Claim Case Nos. 115/2010 and 137/2010 for setting a side the award.

4 . In a nutshell, relevant facts in brief are that on 09.02.2010, the deceased Manoj and Awadhesh were going on motorcycle from Indore to Thikri which was driver by Manoj. When they reached near Gujri Phata, A.B. Road, respondent No. 2, driving one Maruti Car bearing registration No. MP09 V 5532 rashly and negligently hit appellant's motorcycle, as a result both have suffered grievous injuries. Manoj was died on the spot and Awadhesh also received injuries on his head and left leg. The said accident was reported to Police Station- Dhamnod, Dist. Dhar and after investigation and other formalities, police filed charge-sheet against the driver of the offending vehicle (respondent No.7) under Section 337/304-A of IPC.

5. The Insurance Company