These two civil miscellaneous appeals arise out of the judgment and award of the Motor Accidents Claims Tribunal (Principal District Judge), Perambalur dated 21.08.2001 made in M.C.O.P.No.316/1999. The first respondent (owner of the vehicle) in the above said MCOP has filed C.M.A.No.73 of 2002. The second respondent (Insurer) in the MCOP has preferred C.M.A.No.948/2002. The claimants before the Tribunal have been arrayed as respondents 1 to 4 in both the appeals. The appellant in C.M.A.No.73/2002 figures as the respondent No.5 in C.M.A.No.948/2002, whereas the appellant in C.M.A.No.948/2002 figures as the respondent No.5 in C.M.A.No.73/2002.

2. Mr. Rajendran, the husband of the first respondent and also the father of minor respondents 2 to 4 in both the appeals died in an accident that occurred at about 1.30

a.m on 13.02.1992 while he was travelling in a tractor bearing Regn.No.TN-45 7871 belonging to the appellant in C.M.A.No.73/2002/first respondent in MCOP No.316/1999. The accident is said to have taken place near Jayankondam Pudhu Chavadi. Contending that the above said deceased Rajendran, while travelling in the said tractor along with his goods after loading his pa