1. - These two appeals arise out of award passed by the learned Member, Motor Accidents Claims Tribunal, Bikaner on 26.7.1989 in Claim Case No. 23 of 1986.

2. The owner and the driver have challenged the award by filing Appeal No. 275 of 1989 pleading that the accident had occurred because of rash and negligent driving of jeep No. RJS 6395 and, the claim should have been decreed against the owner, driver and the insurer of that vehicle. The United India Insurance Co. Ltd. by filing Appeal No. 261 of 1989 has challenged this part of the direction in the award that it may recover the sum of Rs. 15,000/- and interest paid under Section 92-A of the Motor Vehicles Act by filing separate suit.

3. The claimants case was that Vijay Kumar, aged 20, was travelling in jeep RJS 774 driven by Mahi Ram on Bikaner-Nokha road and that this jeep collided with jeep RJS 6395 which was coming from opposite direction and driven by Shyam Sunder. The claimants case was that Vijay Kumar suffered fatal injuries and died after 2 days. Rs. 5,02,080/- were claimed as compensation. In the reply, Mahi Ram denied that he was driving the jeep. The case set up by Guman Giri, owner, was that he had already s