Vijender Singh Malik, J.

The aforesaid two appeals, one bearing FAO No. 4068 of 2010 by Bajaj Allianz General Insurance Company Ltd., the insurer and the other bearing FAO No. 4512 of 2010 by Anil Kumar and another, the claimants are directed against the award dated 03.04.2010. Anil Kumar and Smt. Bimla Devi, the claimants had brought a claim petition u/s 163-A of the Motor Vehicles Act, 1988 (for short 'the Act) seeking compensation in a sum of Rs. 7,00,000/- on the death of Naveen Kumar in a road side accident that took place on 01.08.2006. Learned Motor Accidents Claims Tribunal, Jind (for short the Tribunal) allowed the claim petition vide the impugned award and awarded a sum of Rs. 2,62,000/- as compensation.

2. The challenge to the award from the side of the insurer is that it was not liable to satisfy the award because Naveen Kumar, the deceased had borrowed the motorcycle from Sunil Kumar, the owner and himself was driving the motorcycle when the accident took place. According to him, in such situation, the deceased himself being the person at fault, the insurance company is not liable to satisfy the award.

3. On the other hand, the claimants have the case that inste