R.K.GAUBA, J.

1. Both these appeals arise out of the judgment 27.10.2009 of the Motor Accident Claims Tribunal (tribunal) whereby the claim case (suit No.467/2008) instituted by the first respondent on 24.11.2005 for compensation on account of death of his mother Manju Bansal in a motor vehicular accident that had occurred on 29.10.2004 involving Maruti car bearing registration No.DL 3CA 1597 at about 6 AM in the area of Srinagar crossing within the jurisdiction of police station Palwal, District Faridabad, Haryana was decided and compensation in the sum of Rs. 8,38,000/- was awarded with direction to National Insurance Company Ltd. (the appellant in MAC.APP.57/2010) to pay and indemnify in terms of the third party insurance policy valid and effective for the period in question. It may be mentioned here that by the same judgment the Tribunal had also decided another claim case suit No.468/2008 respecting the injuries suffered by the appellant herein, no appeal having been preferred in such respect.

2. According to the case set up before the tribunal, the first respondent (the claimant) along with his parents Ajay Bansal and Manju Bansal and friend Surjeet Kumar were traveli