Liability for compensation in fatal accidents under the Motor Vehicles Act can be established against the owner or the State if the use of the vehicle breaches policy conditions.

1. Both these appeals are arising out of one and the same accident, hence, both these appeals are being disposed of by this common order.

2. Challenge in MAC No. 1058 of 2014 is to the award dated 18.7.2014 passed by Motor Accidents Claims Tribunal, Rajnandgaon in Claim Case No. 167 of 2011 whereby learned Claims Tribunal allowed the application filed under S.166 of the Motor Vehicles Act, 1988 (for short 'Act of 1988') in part and awarded Rs. 25,04,540 as compensation in a fatal accident case and fastened liability upon the appellant State to satisfy the amount of compensation. Challenge in MAC No. 1059 of 2014 is to the award dated 18.7.2014 passed by Motor Accidents Claims Tribunal, Rajnandgaon in Claim Case No. 7 of 2012 whereby the learned Claims Tribunal allowed the application filed under S.166 of the Act of 1988 in part and awarded Rs. 18,91,864 as compensation in a fatal accident case and fastened liability upon the appellant State to satisfy the amount of compensation.

3. For the convenience of this court, MAC No. 1058 of 2014 is taken as lead case.

4. Facts relevant for disposal of these appeals are that deceased Ravi - kant Ganjeer was employed on the post of constable with District Police Force. On 2.9.2011, he was on VlP duty and going from Reserve Line Rajnandgaon to Khairagarh along with other constable, namely, Naresh Sidar and Basant Sahu, ASI, on Tata Sumo bearing registration No. CG 08-5095 (hereinafter referred to as 'offending vehicle'). Offending vehicle was driven by non - applicant No. 1 - respondent No. 5. On the way, when they reached in between Badhaitola - Salhebharri turn, offending vehicle dashed against a tree standing on roadside and met with an accident due to rash and negligent driving of non - applicant No. 1. In the said accident, Ravikant Ganjeer and Naresh Sidar suffered grievous injuries due to which Naresh Sidar succumbed to those injuries on the spot and Ravikant Ganjeer was taken to District Hospital, Rajnandgaon where during the course of treatment, he died. Accident was reported to concerned police station based upon which crime bearing No. 238 of 2011 was registered against nonapplicant No. 1.

5. Claimants - respondent Nos. 1 to 4 in MAC No. 1058 of 2014 have filed an application under S.166 of the Act of 1988 seeking compensation of Rs. 62,00,000 for untimely accidental death of Ravikant Ganjeer, pleading therein that on the date of accident, deceased was aged about 35 years, working with District Police Force on the post of constable and earning Rs. 15,000 per month.

6. Claimants - respondent Nos. 1 and 2 in MAC No. 1059 of 2014 filed an application under S.166 of the Act of 1988, seeking compensation of Rs. 65,84,000 pleading therein that deceased Naresh Sidar was posted as constable with District Police Force, earning Rs. 14,000 per month. On the date of accident, i.e., 2.9.2011, both of them were on VIP duty, going to Khairagarh from Reserved Centre, Rajnandgaon on offending vehicle along Basant Sahu, Assistant Sub-Inspector.

7. Non - applicant Nos. 1 and 2, driver and owner of the offending vehicle, submitted reply to the claim application while denying the pleadings made therein. It was further pleaded that the vehicle was acquired by police for VIP duty, he has not received any fare and further that there was no negligence on the part of non - applicant No. 1, hence, they are not liable for payment of any amount of compensation.

8. Non - applicant No. 3 / insurance company submitted reply to the claim application denying the pleadings made in the claim application. It was