( 1 ) SINCE both these appeals involve common question of law about maintainability of the appeals filed by the insurance company under section 173 of motor Vehicles Act, 1988 without complying with the provisions of section 170 of the same Act they are heard together and are disposed of by this common judgment.

( 2 ) THE M. A. C. Appeal No. 2 of 2004 filed by United India Insurance Co. Ltd. is directed against the order dated 6. 2. 2004 passed by the Motor Accidents Claims tribunal, East and North, Gangtok in the m. A. C. T. Case No. 26 of 2003 granting a sum of Rs. 2,21,800 as compensation in favour of the claimant who is respondent no. 1 herein and the M. A. C. Appeal No. 3 of 2004 filed by National Insurance Co. Ltd. is directed against the order dated 27. 2. 2004 passed by the same Motor Accidents Claims Tribunal, East and North, gangtok in M. A. C. T. Case No. 23 of 2003 granting a sum of Rs. 1,77,000 as compensation in favour of the claimant who is respondent No. 1, herein.

( 3 ) THE brief facts of the M. A. C. Appeal no. 2 of 2004 are that the deceased late subhas Rai was employed by respondent no. 2 as driver of his vehicle bearing No. SK 04-3933. On 6. 5. 2002,