Venugopal Gowda, J.

Though these appeals are listed for hearing on admission, keeping in view the nature of controversy, learned Counsel on both sides consented for final hearing and disposal of the appeals on merits of the lis. Since common question of facts and law are involved in these two appeals, they are clubbed, heard together and are being disposed of by this common Judgment. For the sake of convenience, the parties would be referred to with reference to their rank in the Court below.

2. A few background facts leading to these appeals are:-

(i) M.F.A.No.4387/2008:

One Khayamuddin, son of Appellants-1 & 2, husband of appellant-3 and father of appellant 4, was employed as a driver by Mr. Mohammed Naseeruddin, to drive his lorry bearing No.KA-39-4256. The said lorry which had been insured with the respondent, while being driven by said Khayamuddin on 09.03.2007, met with an accident and as a result of fatal injuries sustained, he succumbed. The appellants being the heirs and legal, representatives of the deceased workman filed claim petition before the Commissioner for Workmen Compensation (hereinafter referred to as "Commissioner" for short). The owner of the lorry,