1. This common judgment shall decide the above noted cross- appeals filed under Section 173 of the Motor Vehicles Act, 19881 by the parties assailing the impugned judgment-cum-award dated 1 The Act MAC.APPL. 265/2019 & 351/2019 Page 2 of 26 17.12.2018 passed by the Presiding Officer, Motor Accident Claims Tribunal, Patiala House, New Delhi2 in Motor Accident Claim Petition No. 58/20183, whereby the learned Tribunal awarded compensation in favour of the claimants/parents of the deceased and fastened the liability to pay the compensation upon the appellant/insurance company. For convenience, MAC.APP. 265/2019 shall be the lead case.

FACTUAL BACKGROUND:

2. Briefly stated, it was the case of the claimants that on 11.10.1997, their son deceased/Vikas Prabhakar, along with his two nephews, their wives and a six months old baby, were travelling from Delhi to Punjab in a Maruti car bearing registration No. DL-9C-1769, driven by his cousin Anurag Kalia. Upon reaching near Kurukshetra, the car stopped behind a truck bearing registration No. HR-03-6917 (‗hereinafter referred to as the offending vehicle‘) due to a traffic jam.

Suddenly, the offending vehicle/bus, driven by Saten