(1.) ALTHOUGH the appeal preferred by the insurance company in M.F.A. No. 11996 of 2005 and the cross -objections preferred by the claimants in M.F.A. CROB No. 180 of 2006 were listed for orders by consent of both sides, they were taken up together for final disposal and they are accordingly disposed of by this common judgment.
(2.) BRIEFLY stated the facts are as follows:
(3.) AGGRIEVED by the impugned judgment and award of M.A.C.T., the appellant insurer has preferred an appeal and claimants have preferred the cross -objections. Where conditions precedent embodied in Section 170 of the Motor Vehicles Act is satisfied and award is adverse to the interest of the insurer, the insurer has a right to file appeal challenging the quantum of compensation, etc., even if the insured has not filed any appeal against the quantum of compensation.