S.P. Wangdi, J.

1. These two Revision Petitions have been taken up together for disposal by this common judgment as the question involved for adjudication in them are substantially the same.

Civil Revision Petition No. 04 of 2009.

This Revision Petition is directed against the award of the Member, Motor Accident Claims Tribunal, East and North Sikkim at Gangtok, dated 23-2-2007, by which the Petitioner, New India Assurance Company Limited, Gangtok Branch through its Branch Manager, was made liable for payment of death compensation of Rs. 16,31,460.00 (Rupees sixteen lakhs thirty one thousand four hundred and sixty), against the death of the victim, Dev Bahadur, the husband of the Respondent No. 1 and the father of the Respondent Nos. 2, 3 and 4 respectively.

2. The undisputed facts of the case are that on 3-5-2004 at about 9.35 a.m. bus bearing registration No. SK-4/3889 owned by the Respondent No. 5 in which the victim Dev Bahadur, S/o Lt. Man Bahadur was travelling as its conductor met with an accident near Traffic Point, Singtam Bazar, PO & PS Singtam, East Sikkim, in which he was fatally injured and was declared dead when brought to the Singtam District Hospital. Joint claim p