M.K. Mudgal, J.

By this judgment both the miscellaneous appeals bearing MA No. 2808/10 and 3089/10 which have arisen from the award dated 14-05-2010 passed by XIX Motor Accident Claims Tribunal, Jabalpur in Claim Case No. 220/09, are being decided simultaneously.

2. In this appeal the appellants of MA No. 2808/10 are referred to as the Applicants, the respondent No. 1 Ram Naresh, who was the driver of the offending vehicle referred to as the non-applicant No. 1, the respondent No. 2 Upendra Gautam, who was the registered owner of the said vehicle referred to as the non-applicant No. 2, the respondent No. 3 Royal Sundram Allianze, which insured the said vehicle referred to as the non-applicant No. 3 and the respondent No. 4 Smt. Sundaria, who is the mother of the deceased referred to as the non-applicant No. 4.

3. The admitted facts of the case are that the non-applicant No. 2 Upendra Gautam was the registered owner of the offending vehicle Marshal Max bearing No. MP17-TA-0206, which was being driven at 5:30 am on 01-10-2008 by the non-applicant No. 1 Ram Naresh Patel, who was engaged as a driver. The said vehicle was insured by the non-applicant No. 3 Insurance Company for t