JUDGMENT :

SANDEEP SHARMA, J.

1. Since both the appeals lay challenge to impugned Award dated 6.3.2019 passed by learned Motor Accident Claims Tribunal-III, Shimla, Himachal Pradesh in MAC RBT case 22-S/2 of 2018/2017 titled Smt. Kanta Thakur and Another vs. Raj Sharma and Others, same were heard together with the consent of the parties and are being disposed of vide instant common judgment.

2. Vide FAO No. 237 of 2019, appellant-insurance company has laid challenge to impugned Award as detailed herein above, whereby learned Tribunal below, while allowing claim petition filed by respondents Nos. 1 and 2/claimants (hereinafter, ‘claimants’) saddled the appellant-insurance company with the liability to pay compensation to the tune of Rs. 15,42,000/- in favour of the claimants with interest at the rate 9% per annum from the date of filing of petition till realization, alongwith litigation costs of Rs. 5,000/-.

3. By way of FAO No. 233 of 2021, claimants have approached this court for enhancement of compensation amount awarded by learned Tribunal below.

4. For the sake of brevity and clarity, facts of FAO No. 237 of 2019 are being discussed herein.

5. Claimants filed a claim petition under S.166 of the Motor Vehicles Act (hereinafter, ‘Act’) claiming therein compensation to the tune of Rs. 50.00 Lakh alongwith interest at the rate of 18% per annum from the date of filing of the petition till realisation against appellant-insurance company and respondents Nos. 3 and 4 on account of death of their son, Joginder Thakur in an accident involving vehicle bearing Registration No. PB-01A-7683. As per claimants, accident took place on 20.6.2017, while deceased was driving vehicle bearing Registration No. HP-52A-0702. As per claimants, when vehicle being driven by deceased Joginder Thakur reached Cinema Chowk, Sundernagar, driver of vehicle bearing Registration No. PB-01A-7683 lost control over the vehicle and hit the car of the deceased, as a consequence of which deceased suffered grievous injuries and ultimately expired. Factum with regard to accident was reported to Police Station Sundernagar, by the driver of offending vehicle and on the basis of same, FIR No. 116, dated 20.6.2017 was registered against deceased Joginder Thakur. Claimants averred in the claim petition that the deceased was a student doing diploma in motor mechanic from Polytechnic College, Sundernagar and had completed ITI course from HP Takniki Shiksha Board. As per claimants, deceased, who at the relevant time was 23 years of age, was earning Rs. 25,000 per month by doing part time job.

6. Respondents Nos. 3 and 4, filed a joint reply and refuted the claim of the claimants, by stating that they are not entitled to any compensation from them, rather the same is required to be paid by appellant-insurance company, because at the relevant time, vehicle was insured with the appellant-insurance company. Besides above, respondents Nos. 3 and 4 also claimed that the deceased was not having a valid and effective driving licence to drive the vehicle at the time of alleged accident. On merit, though respondents Nos. 3 and 4 did not dispute the factum of accident but claimed that same took place due to rash and negligent driving of the car bearing No. HP-52A-0702, being driven by the deceased himself and not on account of negligent driving bus driver, respondent No. 4-Sanjay Kumar.

7. Appellant-insurance company, by way of separate reply, besides taking objections with regard to non-joinder of necessary parties, though admitted the accident involving vehicles bearing Registration Nos. PB-01A- 7683 and HP-52A-0702 but pleaded in its reply that the accident took place due to rash and negligent driving on the part of deceased, Joginder Thakur, who hit the bus bearing Registration No. PB-01A-7683, while driving his vehicle bearing Registration No. HP-52A-0702, as a consequence of which, FIR No. 116 of 2017 was lodged against him. Appellant-insurance company also claimed that the deceased was