Mansoor Ahmad Mir, J.

Award dated 25th November, 2009, made by the Motor Accident Claims Tribunal, Fast Track Court, Shimla, H.P., in M.A.C. Petition No. 81-S/2 of 2005/04, titled as Shri Madan Lal versus Shri Rakesh Kumar & others, has given birth to both these appeals, for short, "the impugned award".

Brief Facts:

2. Claimant Madan Lal filed claim petition before the Tribunal, for grant of compensation to the tune of Rs. 5,22,000/-, on the ground that his father Mast Ram became victim of the motor vehicular accident, which was caused by driver, namely Rakesh Kumar, while driving vehicle-Mahindra Pick Up bearing registration No. HP-09A-0197, rashly and negligently, on 23rd December, 2002, at about 2.40 p.m., near Hotel 'Asia The Dawn'; Shimla, sustained injuries and succumbed to the injuries; FIR No. 300/2002 was registered in Police Station Boileauganj, Shimla and the deceased was earning Rs. 5,000/- per month.

3. Initially, the driver appeared before the Tribunal, but later on, he failed to do so. Accordingly, he was set ex-parte. The owner also did not appear before the Tribunal and was set ex-parte.

4. The claim petition was resisted only by the insurer on the grounds tak