JUDGMENT :

1. Heard the learned Advocate Ms. Sayali S. Tekale for the appellants and Mr. A. B. Gatne and Mr. A.S. Osmanpurkar for the respondent No.2- Insurance Company.

2. Both the appeals are identical and arise out of one accident, the claimants are identically placed. The facts and law involved is also identical. Thus, both the appeals are taken up for hearing together.

3. By the present appeals the appellants are challenging the Judgment and award dated 26/03/2010, passed by the learned Member, Motor Accident Claims Tribunal in M.A.C.P. No.100/2008 and M.A.C.P.No.101/2008, whereby the Tribunal was pleased to allow the claim of the claimants against the opponent No.1 i.e. the owner of the offending insured vehicle and dismissed the claim against the opponent No.2 i.e. the New India Insurance Company Limited. The amount of Rs.1,50,000/- in each petition, is directed to be paid to the applicants by the opponent No.1 @ of 8% p.a. from the date of the petition until realization minus ‘No fault liability’ amount if any is already paid under section 140 of the Motor Vehicles Act.

4. The appeal is preferred against the order of the Tribunal by the claimants on two grounds. The first groun