ALKABEN RASHMIBHAI AMIN Vs. VINODBHAI VAJABHAI SOLANKI

JUDGEMENT

(1.) These cross appeals under Sec. 173 of the Motor Vehicles Act, 1988 ('the Act' for short) are filed challenging the common judgment and award dtd. 26/2/2010, passed by learned Motor Accident Claims Tribunal (Auxiliary), Himmatnagar in MACP No.964 of 1997 and MACP No.965 OF 1997, wherein the tribunal allowed both the claim petitions in part.

(2.) First Appeal No. 2791 arises out of MACP No.964 of 1997, whereas First Appeal No.2792 of 2010 arises out of MACP No.965 of 1997. As both the claim petitions are arising out of same accident and decided by common judgment and award dtd. 26/2/2010, with the consent of the parties they are heard and decided together.

(3.) The facts in brief are as under: -