Mr. Avneesh Jhingan, J. (Oral):- The award dated 03.03.2003 passed by the Motor Accident Claims Tribunal, Panchkula [for brevity ‘the Tribunal’] has been assailed by filing two separate appeals, one by the insurer of Truck bearing registration No. HR-03-6187 [hereinafter referred to as ‘offending vehicle’] and another by the legal heirs of Deepak Vasudev Rao Thakare. Since both the appeals arise from same award, these are being disposed of by a common order.

2. The grievance raised by learned counsel for the insurer is that the claim petition was originally filed by the legal heirs of Deepak Vasudev Rao Thakare under Section 166 of the Motor Vehicles Act, 1988 [for brevity ‘the Act’] and when the claimants failed to establish the fact that the accident was caused due to the rash and negligent driving of the offending vehicle, the Tribunal erred in converting the claim petition under Section 163-A of the Act.

3. The claimants have filed appeal seeking enhancement of compensation.

4. The record of this appeal was burnt and from the salvaged record of the partially burnt cases, the same was reconstructed subject to all just exceptions and further verification.

5. Brief facts o