1. Being aggrieved by the judgment and award passed by Motor Accident Claims Tribunal, Jalna in M.A.C.P. No. 88/2000 and 89/2000 dated 23rd January, 2003, the present appeals are fled by respondent-insurer.

2. Since both appeals arise from same accident and involve similar facts and question of law, they are decided together by this judgment.

3. Both the claim petitions were fled by the minor children of deceased Baburao and Shobhabai under Section 166 of Motor Vehicles Act, 1988 (for short ‘Act’). It is the case of the claimants that on 23rd February, 2000, when both Baburao and Shobhabai were proceeding on a bicycle towards Revgaon, a truck bearing No. MH- 17/A-9698 owned by respondent No. 2 and insured by respondent No. 3 came from behind and gave dash to the bicycle. In the said incident, Baburao died on the spot whereas Shobhabai died while she was being treated in the hospital. Both the sides lead evidence before the tribunal and by impugned judgment dated 23rd January, 2003, the claim petitions were partly allowed.

4. Perusal of the proceedings indicates that respondent No. 3-insurer had fled written statement denying the contentions of the claimants and it is speci