D.H. Waghela, J.—These appeals under Section 173 of the Motor Vehicles Act, 1988 (“the Act” for short) are preferred by two insurance companies from the awards made under Section 163-A of the Act and, having involved common question of law, they are disposed by this common judgment after hearing arguments in extenso at the admission stage.

2. In First Appeal No. 2042 of 2007, the New India Assurance Co. Ltd. has challenged the award in MACP No. 340 of 2001 awarding compensation of Rs. 4,62,839/- with cost and interest @ 7.58 p.a. to the heirs of deceased P. Balakrishna, aged 29, who met with an accident on 19.11.2000 at 7.30 p.m. on Gandhidham-Kandla Highway while driving the scooter which slipped due to some obstruction on the road and who succumbed to his injuries on 23.11.2000. The Claims Tribunal turned down the plea of the insurance company that the deceased himself was a tortfeasor and, due to his own negligence, he sustained injuries and died even as the owner of the vehicle and the employer of the deceased did not contest the claim. It was also unsuccessfully argued that the employer had not paid additional premium of Rs. 25/- for covering the risk of his employee an