( 1 ) THESE two first appeals are filed by the insurance company which has insured the offending motor truck which caused fatal injuries to two labourers on account of a vehicular accident. The claimants in the respective claim petitions before the Tribunal had claimed different amounts. The Insurance Company was made liable to satisfy the conce- rned awarded claims of the respective claimants in the both claim peti- tions. That has prompted the insurance company to prefer these appeals under sec. 110-D of the Motor Vehicles Act 1939 1 Factual background: -.

( 2 ) IN order to appreciate the questions in controversy that have been posed for decision of this court in the present appeals it is necessary to have a look at the factual background resulting in the present pro- ceedings. On 9-4-1974 motor truck in question was driven by its driver opponent No. 1 in both the claim petitions. The said truck belonged to original opponent No. 2 Bhavani Transport Company and it was insured by the appellant insurance company in both these appeals which was joined as opponent No. 3 in both the claim petitions. The case of the claimants is that by about 12-30 noon on 9-4-1974 the