Servesh Kumar Gupta, J.

1. Both these appeals have arisen out of the common judgment rendered by the Tribunal on 25.04.2009, hence are being adjudicated together.

2. The accident occurred in the intervening night of 8-9.8.2008 at 2AM, when the truck no.UHQ-0747 being driven rashly and negligently within the premises of some factory situated in Roorkee dashed a watchman Mr. Janeshwar Prasad, who suffered serious injuries on account of such accident and later at some point of time, he succumbed to those injuries. So, his widow Smt. Tarawati Devi along with three other legal representatives came up before the Tribunal by way of filing claim petition 96 of 2008.

3. Learned Tribunal has awarded the compensation to the tune of rupees one lakh, as against the demand of rupees twelve lakh fifty thousand.

4. This award has been challenged by the claimants seeking enhancement of the same by way of filing AO No.258 of 2009, while insurance company has come up for complete setting aside of such award by filing AO No.338 of 2009.

5. Learned counsel for the insurance company has argued before this Court that the offending vehicle was driven by Mr. Hasanuddin, who was the owner of such vehic