CAV ORDER

1) MAC No.170 of 2017 has been filed by the insurance company challenging the liability fasten upon it. MAC No.1115 of 2017 has been filed by claimants for enhancement of compensation. Since both the appeals are arising out of common award, they are being heard analogously and decided by this common order. Parties are referred to their status as per tribunal.

2) These appeals under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) have been filed challenging the award dated 08.11.2016 passed by the First Additional Presiding Officer of Motor Accident Claims Tribunal, Raipur, District- Raipur (CG) in Claim Case No.132/2014. By the impugned award, the learned tribunal has awarded Rs.6,42,000/- as compensation to the claimants with 7.5% interest per annum on account of death of deceased Goverdhan @ Kashiram Nirmalkar in an unfortunate accident which took place on 14.11.2011 by rash and negligent driving of offending vehicle i.e. Truck Tanker bearing Registration No. C.G.-04-G-3458 by driver, owned by owner and insured with insurance company. A report was lodged upon which Crime No.181/11 under Sections 279, 337, 304-A of IPC was registered against the driver of the