Shiv Kumar Sharma, J.-Both these appeals arise from the common Judgment , therefore were heard analogously and are being disposed of by a common Judgment .

2. Theclaim petition submitted by the claimants Dharma Ram and Smt. Dami related to the accident occurred on November 18, 1992 when Truck RJ 04 G 0061 crushed Kumari Veena a girl of 11 years, who was student of six class Dharma Ram and Smt. Dami are her parents sought compensation by filing claim petition. The claim petition was contested by the insurance company, who is appellant in Miscellaneous Appeal No. 487/1995 as well as the vehicle owner. The learned Tribunal awarded Rs. 42,250/-as compensation to the claimants. Dissatisfied with the size of the award, claimants preferred Miscellaneous Appeal No. 208 of 1995, whereas the insurance company assailed the said award on the ground that the owner of the vehicle committed breach of the policy, hence the insurance company was not liable for compensation.

3. I have given my anxious consideration to the rival submissions of carefully scanned the material on record. The contention of Mr. R. K. Mehta, learned Counsel appearing for the insurance company is that the driver