1. This order shall govern the aforesaid both the appeals, i.e., M.A. Nos. 1871 and 2039 of 2009, as both are arising out of the same award and relating to the same accident. M.A. No. 1871 of 2009 has been filed by the insurance company and M.A. No. 2039 of 2009 has been filed by the claimants for enhancement of compensation.

2. The facts giving rise to these appeals are that on 7.8.2006 at about 12.30 a.m., in the night Nanalal was going from Kariya to Sailana in loading Tempo bearing engine No. R6A20340 and chassis No. 005915, as per the instructions of the respondent No. 8 for carrying goods, the driver of the said loading Tempo driving the said vehicle rashly and negligently, turned the said Tempo turtle and as a result, Nanalal died. The respondent Nos. 1 to 6 had filed a claim petition under S.163 - A of the Motor Vehicles Act, 1988, against appellant and rest of the respondents before the First Member, Motor Accidents Claims Tribunal, Ratlam (MP) for compensation of Rs. 9,65,000 on the death of Nanalalji Bhil.

3. The owner and insurer of the vehicle contested the claim and have denied all the material allegations of the claim petition. The Tribunal after framing issues and aft