RAJESH CHANDRA,J. - (1.) THE present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the Award dated 8.7.2009 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Petition No. 99 of 2008 under Section 163-A of the said Act, filed by the claimant/respondent nos. 1 to 6 in respect of an accident which took place on 14.1.2008 wherein Ram Kumar, predecessor-in-interest of the claimant/respondent nos. 1 to 6, while travelling as helper in Bus No. UP 15-G 1899 from Meerut to Kithor, expired.
(2.) THE Tribunal by the impugned Award dated 8.7.2009 has awarded an amount of Rs. 3,69,500/- as compensation in favour of the claimant/respondent nos. 1 to 6. Simple Interest @ 6% per annum with effect from the date of presentation of the Claim Petition till the date of actual payment has also been awarded. Compensation has been directed to be paid by the Appellant-Insurance Company. However, the impugned Award has provided that the Appellant-Insurance Company may recover the amount of compensation paid by it from the insured person, that is, the owner of the vehicle in question-respondent no. 7 herein. Issue No. 1 framed in the above Claim Case was regarding factum of the occurrence of the accident involving the aforesaid vehicle in question and the consequent death of the said Ram Kumar. The Tribunal held that the vehicle in question was involved in the accident and decided the Issue accordingly.
(3.) ISSUE No. 2 was as to whether the claimant/respondent nos. 1 to 6 had received compensation under the Workmen's Compensation Act in W.C.A. Case No. 50 of 2008, and if so, its effect. The Tribunal referred to Section 167 of the Motor Vehicles Act, 1988 and held that it was not established that the claimant/respondent nos. 1 to 6 had received any compensation under the Workmen's Compensation Act. After the award in the present Claim Case, the claimant/respondent nos. 1 to 6 would not get any compensation under the Workmen's Compensation Act. The Tribunal accordingly decided the said Issue in favour of the claimant/respondent nos. 1 to 6.;