JUDGMENT :

Alka Sarin, J.

The present order shall dispose off the above noted two appeals. The parties are being referred to as claimants, Insurance Company and owner and driver of the offending vehicle for the sake of clarity. FAO No.6830 of 2017 has been preferred by the claimants challenging the impugned award dated 06.05.2017 passed by the Motor Accident Claims Tribunal, Pathankot (hereinafter referred to as 'Tribunal') aggrieved by the quantum of compensation. FAO No.5954 of 2017 has been preferred by the Insurance Company.

2. Brief facts relevant to the present lis are that the claimants approached the Tribunal by filing a claim petition under Section 166 of the Motor Vehicle Act, 1988 for compensation on account of death of Sh. Wilson Nahar @ Wilson son of Sh. Prem Masih, in a motor vehicular accident which took place on 23.12.2016 at about 5.00 pm near Adda Adha Khuh, Shahpurkandi Road, Pathankot, Tehsil and District Pathankot. It was averred in the claim petition that on 23.12.2016 at about 5.00 pm the deceased was going from Pathankot to Shahpurkandi on his motorcycle bearing registration No.PB-35-P-5426 at a slow speed and on the correct side of the road and when he reached near Adda Adha Khuh, Shahpurkandi Road, Pathankot, a car bearing No.PB-35-D-1520, which was being driven by the driver of the offending vehicle in a rash and negligent manner, came from the opposite side without blowing horn coming on to the wrong side dashed into the motorcycle of the deceased, resulting in multiple serious injuries. The deceased succumbed to his injuries during treatment at Raj Hospital, Pathankot. FIR No.100 dated 24.12.2006 was registered under Sections 279, 427, 304-A IPC against the driver of the offending vehicle at Police Station, Shahpurkandi. It was further averred in the claim petition that the deceased was employed as Beldar in UBDC, Amritsar, Sub Division Aliwal, Irrigation Department, Tehsil and District Pathankot and was earning Rs.35,000/- per month and the claimants were completely dependent upon him. On notice, the owner and driver of the offending vehicle put in appearance and contested the claim petition by filing their written statement denying all the averments therein. However, it was pleaded that in case the claimants are held entitled to the compensation, the Insurance Company would be liable to pay the same. Written statement was also filed by the Insurance Company raising all usual legal pleas. On merits, it was denied that any accident took place. However, it was admitted that the FIR had been registered. On the basis of the pleadings, the following issues were framed :

i) Whether on 23.12.2016 at about 5.00 p.m in the area of Adda Adha Khuh, Wilson Nahar @ Wilson had died due to rash and negligent driving of Car bearing registration No. PB-35-D 1520 by respondent no.1 ? OP claimant

ii) If issue no.1 is decided in affirmative, whether claimants are entitled to compensation, to what amount and from which of the respondents and manner of recovery ? OP claimant

iii) Whether respondent no.1 was not having legal and valid driving license at the time of accident ? OPR

iv) Relief.

3. The Tribunal, holding the driver of the offending vehicle to have been driving the vehicle rashly and negligently, held the claimants entitled to compensation and awarded the following amount :

4. Aggrieved by the same, two appeals have been preferred : o