R.K. Gauba, J.

On 13.03.2011, Raisuddin Ansari @ Rais Ansari along with his friend Izhar Ahmad were moving on a scooter bearing registration no. DL-7AU-2036 (the scooter) which met with an accident at about 04:30 PM in the area opposite ITI Dheerpur, Burari, Outer Ring Road, Delhi on account of collision against bus bearing registration no. HR-67-5872 (the offending vehicle). While both of them suffered injuries, Raisuddin Ansari @ Rais Ansari died in the consequence.

2. Two claim petitions were brought before the motor accident claims tribunal (the tribunal), one by the widow, children and father of Raisuddin Ansari @ Rais Ansari (hereinafter referred to as the deceased), it being registered as suit no. 196/2011 and other by Izhar Ahmad, it being registered as suit no. 195/2011. In both the claim petitions presented under Sections 166 & 140 of the Motor Vehicles Act, 1988 (the MV Act), the claimants impleaded the driver and owner respectively of the offending vehicle in addition to Bajaj Allianz General Insurance Co. Ltd. (appellant in MAC appeal nos. 1284/2012 & 1285/2012).

3. The tribunal held inquiry in both the cases together and decided them by a common judgment dated