By this common order, M.A.No.5950/2022 shall also be

decided.

2.

Both these misc.appeals have been filed under section 173 of

Motor Vehicles Act against the award dated 16.08.2022 passed by

Member, Motor Accident Claims Tribunal, Balaghat in MACC

No.10/2016.

3.

M.A.No.4465/2022 has been filed by the Insurance Company;

whereas M.A.No.5950/2022 has been filed by the claimants for

enhancement of compensation amount.

4.

The facts necessary for disposal of the present appeals in short,

are that on 30.12.2015, the deceased Gautamlal along with his friend

Bhawani Singh was going on a motorcycle. They were dashed from

behind by the Driver of the Tanker bearing registration no.GJ 01 CT

6614, as a result both fell down on the ground and they were run

over by the aforesaid Tanker crushing their heads.

5.

It is the case of the claimants that deceased Gautamlal was

aged about 41 years and he was working in S.K.Project Hindustan

Zinc Limited Dariba, Tahsil Railmagra, District Rajsamand

(Rajasthan) on the post of Mining Mit and was getting the monthly

salary of Rs.55,585/-. The non-applicant no.1 was the Driver, who

was holding the valid driving licence; whereas the non-applicant

no.2 was the