JUDGMENT :

Sudesh Bansal, J.

1. Both appeals, one by Insurance Company No. 1679/2019, and another by claimants No. 3496/2019, have been filed against the judgment and award dated 1-3-2019 passed by the Motor Accident Claims Tribunal Alwar (hereafter 'the Tribunal'), therefore, are being decided by this common judgment.

2. On filing claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereafter 'the Act of 1988') the Tribunal awarded a compensation of Rs. 47,99,536/- with interest in favour of the claimants and while exonerating the Insurance Company from liability, following the principle of "pay and recover" it was directed that the Insurance Company first will pay the compensation to claimants and then may recover the same from owner and driver of the vehicle in question. The claim petition was filed in relation to an accident occurred on 3-7-2015 when vehicle in question bearing registration No. HR-74A-3768 was overturned and in that accident, one Mr. Vinit Moyal died. The vehicle in question was in the ownership of respondent Ashraf and was being driven by respondent Mustkim. The vehicle in question was insured with the United India Insurance Company. The Tribunal has