1. These two appeals arise out of the judgment dated 22.08.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs. 3,33,400/- was awarded for the death of Manoj, a bachelor, who suffered fatal injuries in a motor vehicular accident which occurred on 18.10.2009.

2. For the sake of convenience, the Appellant in MAC APP. 419/2013, who is the mother of the deceased, shall be referred to as the Claimant and the Appellant in MAC APP. 213/2015 shall be referred to as the Insurance Company.

3. The petition for grant of compensation for the death of Manoj was filed by the Claimant under Section 166 of the Motor Vehicles Act, 1988 (the Act). On appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of the container bearing registration no. RJ-09GA-1613 by its driver Shetan Singh (Respondent no.1).

4. It was the case of the Claimant that the deceased was in private service and was earning Rs. 6,000/- per month. In the absence of any proof of the deceased’s employment, the