Dilip Raosaheb Deshmukh, J.

1. Being aggrieved by the award dated 9-11-2006 passed by the IXth Additional Motor Accidents Claims Tribunal (F.T.C). Bilaspur (hereinafter referred to as 'the MACT') in Claim Case No. 5/2006 granting compensation of Rs. 9,31,196/- for the death of Dhansai, a Gateman in the Railways due to vehicular accident with a tractor trailer, the insurer has filed Miscellaneous Appeal (C). No. 85/2007 and the claimants have filed Miscellaneous Appeal (C) No. 14/2007, which are being disposed of by this common order.

2. During the course of arguments, the following facts were not disputed by learned Counsel for the appellants and the owner in both the appeals:

(A) That Dhansai was working as a Gateman in the South Eastern Railway at Bilaspur.

(B) That tractor and trailer No. CG 07 D 4349 and 4350 (hereinafter referred to as 'the tractor trailer') were owned by respondent No. 5, Smt. Khorbaharin (hereinafter referred to as 'the owner') insured by the appellant (hereinafter referred to as 'the insurer') on the date of accident, i.e. 31-12-2005 for agricultural and forestry purposes and driven by respondent No. 4. Shiv Kumar (hereinafter referred to as 'the drive