1. - Both these appeals under Section 110-D of the Motor Vehicles Act, 1939, filed against the judgment of the learned M.A.C.T., Jodhpur, dated 23.7.1983 in case No. 48 of 1980.

2. Since both the appeals are arising out of the same award they are being disposed of by this common judgment.

3. Admitted facts of the case are that on 4.1.1980 at about 7.30 p.m. one Abdul Aziz alias Aziz Khan was returning to his house after day's work. When he was crossing the railway line and reached near Pilater House, Lal Sagar, Jodhpur, the respondent No. 9, Mool Chand, came from the opposite side driving truck No. RJQ 7132 and hit Abdul Aziz due to which he had received injuries. The injured Abdul Aziz was brought to the M.G. Hospital but he expired within a few hours of the accident. A report relating to the accident was lodged with the police. A case was registered against the driver Mool Chand and a challan was filed against him in the court of Judicial Magistrate No. 4, Jodhpur. After serving a notice on the owner of the truck and the insurance company, the appellants: father, mother, widow, son and sisters, Amina, Meherum and Hamida, of the deceased filed an application before the lear