( 1 ) SINCE both these appeals involve common question of law and fact, they are heard together and are being disposed of by this common judgment.

( 2 ) THE incident that gave rise to the cause of action for filing of the two claim petitions before M. A. C. Tribunal (South and west) against whose orders/awards both these appeals have been preferred in this court is a vehicular accident that occurred on Legship-Reshi Road, West Sikkim on 10. 10. 2003. It is stated that claimants' son and daughter-in-law who met with death in the said accident were travelling in the ill-fated vehicle which was on its way from Gyalshing to Siliguri on the fateful day. Claimants filed two claim petitions separately in respect of their deceased son late Praveen Kakrania and daughter-in-law late Pragati alias Anita Kakrania before the motor Accidents Claims Tribunal (South and West) at Namchi against Mahendra Pradhan, respondent No. 1 the owner of the vehicle and United India Insurance Co. Ltd. , the respondent No. 2 with whom the vehicle was insured. The claim petition filed in respect of late Pragati alias Anita Kakrania the deceased daughter-in-law was registered as m. A. C. T. Case No