S.P. Wangdi, J.

1. The two appeals have been taken up together for disposal by this common judgment as the issues involved in them are the same.

M.A.C. Appeal No. 1 of 2009

In M.A.C. Appeal No. 1 of 2009 the Appellant, who is the Senior Branch Manager, National Insurance Company Limited, Gangtok, has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment of the learned Motor Accident Claims Tribunal, East and North Sikkim at Gangtok, dated 19-5-2008 in M.A.C.T. Case No. 33 of 2006.

2. The facts of the case material for the purpose of disposal of this appeal are that on 5-2-2005, the deceased Jai Kant Dixit was travelling by a Maruti Alto Car along with some other persons from Kaluk, West Sikkim to Gangtok, East Sikkim, after attending a marriage ceremony. On the way, the vehicle met with an accident at a place called Charcharey Bhir on the Jorethang Melli Road, South Sikkim, resulting in the death of the deceased on the spot. The Respondents 1 and 2 who are the wife and son of the deceased, filed an application under Section 166 of the Motor Vehicles Act, 1988 against the Appellant in the present case and the owner of the vehicle who is the pr