DEVI PRASAD SINGH, V.D. CHATURVEDI, JJ.

1. Both these appeals arise from the same road accident caused by the motor cycle No. UP 41-B 1766, in which two real minor brothers died, hence appeals are decided by the present common judgment and order.

2. On 22.12.1998, Ravi Shanker and Munna, two minor children aged about 11 and 8 years, met with accident at Jaidpur in District Barabanki, in the morning at about 8 a.m. while on way riding a cycle to attend the school. The accident was caused by the motor cycle No. UP 41-B 1766. Both the boys succumbed to injuries in District Hospital, Barabanki. F.I.R. was lodged and Case Crime No. 232 of 1998 was registered under Sections 279 and 304-A, Indian Penal Code at Police Station, Jaidpur, District Barabanki. In the F.I.R., the vehicle number was not given. However, later on during the course of investigation, the vehicle number was detected. One Ajai Kumar was found to be the owner of the vehicle No. UP 41-B 1766 which was insured with the policy No. 504022. At the time when the accident occurred the insurance policy was in operation. Two separate claim petitions were filed which were registered as M.A.C. Nos. 35 of 1999 and 36 of 199