Vinod K.Sharma, J.

1. CM No. 10928-CII of 2010

For the reasons stated in the application, CM is allowed, delay of 99 days in refiling the appeal is condoned.

FAO No. 2223 of 2010

2 This judgment shall dispose of FAO No. 2223 of 2010 titled Uttrakhand State Transport Corporation v. Jaspal Kaur and others and FAO No. 2224 of 2010 titled Uttrakhand State Transport Corporation v. Mandip Kaur and others, as they arise out of the same award.

3. For brevity sake, facts are being taken from FAO No. 2223 of 2010.

4. The owner of the offending vehicle, by way of these two appeals, has challenged the award dated 20.7.2009, passed by the learned Presiding Officer, Motor Accident Claims Tribunal, Fast Track Court, Patiala, vide which the application moved by the claimants for grant of compensation under Section 166 of the Motor Vehicles Act, was allowed.

5. On account of death of two persons, two separate claim petitions were filed. It was pleaded case of the claimants, that on 1.11.2005, Surjit Singh, Jasbir Singh, Bikram Singh, Kaku Singh, Labh Singh and Harbans Singh had gone to U.P. on three combines to harvest paddy crop. On 3.11.2005 at about 10.30 a.m., when they reached near Shi