ORDER

By this common order, MA. No.177/2005 filed by owner & MA.No.181/2005 filed by claimants shall be decided.

2. Both the Misc. Appeals have been filed against the Award dated 08.11.2004 passed by Additional Member Motor Accident Claims Tribunal, Seondha, District Datia (M.P.) in MACC No.11/2003.

3. M.A. No.177/2005 has been filed by the owner of the vehicle against exoneration of the Insurance Company whereas M.A. No.181/2005 has been filed by the claimants for enhancement of compensation amount.

4. According to the claimants, deceased Omprakash had gone to Seondha on 28.08.2002 on his motorcycle bearing Registration No.MP07-A-1028. While he was coming back to village Cheena, it is alleged that the driver of the tractor bearing Registration No.MP32-M-1965 by driving the vehicle in a rash and negligent manner dashed deceased Omprakash, as a result Omprakash sustained grievous injuries and he died. The information of incident was given by complainant and Crime No.93/2002 was registered and the charge-sheet was filed.

MA. No.177/2005

5. The Claims Tribunal has exonerated the Insurance Company on the ground that since the accident took place on the road, therefore, it is clear that th