DINESH MAHESHWARI, J.

( 1 ) THESE two apeals preferred respectively by the insurer of one of the vehicles involved in the accident and by the claimants against the same award dated 1. 9. 1998 made by Motor accidents Claims Tribunal-I, Jodhpur in m. A. C. Case No. 604 of 1995 were heard together and are taken up for disposal by this common judgment. The insurer contends that the victim being driver of the roadways bus involved in the accident, having suffered employment injury and being covered under the Employees State insurance Act, 1948 (hereinafter referred to as the E. S. I. Act/the Act of 1948), the claimants are not entitled to claim compensation under the Motor Vehicles Act, 1988 (hereinafter referred to as the M. V. Act/the Act of 1988 ). On the other hand, the claimants seek enhancement of the amount of compensation awarded by the tribunal.

( 2 ) THE facts relevant for determination of the questions involved in these appeals could be noticed thus: The claimants, appellants in C. M. A. No. 714 of 1998, submitted the claim application under sections 140 and 166 of the Act of 1988 with the submissions that they were respectively the wife, children and parents of the