R.K.GAUBA, J.

1. Both these appeals arise out of the common judgment rendered by the motor accident claims tribunal (the tribunal) on 05.03.2013 deciding two claim cases registered under Sections 166 and 140 of Motor Vehicles Act, 1988 (MV Act) as suit Nos. 405/2011 (2009) and 392/2011 (2008) on account of injuries suffered by Hem Raj (first respondent in MAC Appeal No. 528/2013) and the death of Mohan Singh son of Tilak Singh @ Tilwa Karki and Dhana Karki (first and second respondents in MAC Appeal No. 536/2013). The injuries had been suffered by Hem Raj and Mohan Singh (who died as a result) in a motor vehicular accident that occurred in the morning of 23.5.2008 involving collision between Eicher Truck bearing DL 1M 1450 (“Eicher Truck”) and motor vehicle described as dumper bearing registration No. UP 17B 9596 (“dumper”), at a place near petrol pump, opposite Haldi Ram outlet on Mathura Road, New Delhi. It is now beyond dispute that Eicher truck was driven by deceased Mohan Singh with injured Hem Raj (deployed as cleaner on the said vehicle) travelling in it. The Dumper, on the other hand, was under the control of Mohd. Vakil (the driver), it being owned by Rambir Singh