Jitendra Chauhan, J.

By way of this single judgment, I shall dispose of the aforesaid two appeals.

2. The present appeals have been directed against the impugned award dated 17.10.2011, passed by learned Motor Accidents Claims Tribunal, Rohtak, (for short, 'the Tribunal').

3. Brief facts of the case are that two claim petitions were filed under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') claiming compensation with the allegation that on 13.04.2008 at about 1.30 p.m., deceased Nafis along with Alijan, claimant/appellant-Dilshad, Nathu, Abdullah and Salim were travelling on TATA-407 bearing registration No.HR-34-GA-0136 and going to village Bhainsru. After unloading the cattles when they reached near the turning of village Luhar Heri, the vehicle turned turtle due to rash manner of driving by the driver, with the result the occupant, Nafis lost his life and other occupants including claimant/appellant, Dilshad sustained multiple grievous injuries. The Tribunal held the insurance company liable to indemnify the insured.

4. It is contended that the learned Tribunal has wrongly fastened the liability upon the appellant as the passengers travelling in a goods