(1.) Being dissatisfied with the judgment and award dated 14.08.2008 passed by the Motor Accident Claims Tribunal (Aux), Court No. 19, Ahmedabad in MACP No. 171 of 2000, the injured claimant has preferred First Appeal No.617 of 2009 and the Ahmedabad Municipal Transport Service has preferred First Appeal No. 1106 of 2000 under section 173 of the Motor Vehicles Act, 1988. As both these appeals arise out of the same award rendered by the Tribunal and therefore, were heard together and disposed of by this common judgment and order.
(2.) The following facts emerge from the record of the appeal-
(3.) Heard Mr. Paresh Darji, learned advocate for the original claimants and Mr. Hemant Munshaw, learned advocate with Mr. R.M. Chauhan, learned advocate for AMTS in both the appeals and also perused the original record and proceedings.