Shekher Dhawan, J.

These two separate appeals were, filed against Award dated 29.08.2013, passed by Motor Accident Claims Tribunal, Patiala (hereinafter to be referred as 'The Tribunal'), whereby 'The Tribunal' awarded compensation of Rs. 6,97,000/- on account of death of Surinder Kumar @ Lalban. Learned counsel for appellants in 1st case took the plea that 'The Tribunal' has returned the findings that Insurance Company is entitled to recover the amount from driver and owner, as driver was under the influence of liquor at the time of accident. However, as per report RW-3/A i.e. medical examination report, the driver had consumed liquor but he was not under the influence of liquor. 'The Tribunal' fell in error while returning the findings that accident had taken place because of the fact that driver had consumed liquor although he was not under the influence of liquor.

2. Learned counsel for appellants in Ist case also took the plea that 'Consumption of liquor' and 'To be under the influence of liquor' are two different things. If the deceased had taken liquor but he was not under the influence of liquor, then there cannot be any presumption that the driver of the vehicle wa