Rajendra Chandra Singh Samant, J.

Both these appeals are being disposed of by this common judgment since they both arise out of a common award dated 31.10.2007 passed by the IX Additional Motor Accident Claims Tribunal (F.T.C.) Bilaspur (for short 'the learned Tribunal') in Claim Case No. 49/2006 awarding compensation of Rs.3,38,500/- in favour of the claimants.

2. Briefly stated facts of the case are that the parents of the deceased Ramkumar @ Bhuru Yadav filed a claim petition alleging that the deceased was employed as a tractor driver of Tractor No.CG" 10/D/0264 and Trolley No. CG"10/D/0265 by the owner Bhupendra Kirshna Tamaskar and his Manager Manharan Geer. It was alleged that the deceased was being given salary of Rs.100/- per day and daily allowance of Rs.25/- per day, therefore, total income of the deceased was Rs.125/- per day, which works out to Rs. 3,750/- per month or Rs. 45,000/- per annum. In the claim petition, it is alleged that the deceased died because he fell down from the tractor while crossing through a pit on the road. The Insurance company contested the claim on various grounds including that the claim under Section 163-A of the Motor Vehicles Act, 1