ARUN MONGA,J. - (1.) Appellant Insurance Company is before this Court impugning the award dated 27.11.2019 rendered by Motor Accident Claims Tribunal, Rupnagar (for brevity, Tribunal) alleging that the same is erroneous and based on mis-appreciation of evidence led by the parties.
(2.) Brief factual narrative first as noted by the Tribunal in the award impugned herein. On the ill-fated day of 28.11.2018 Gurdeep Singh serving as Naik in the Indian Army along with Ravi Kumar was going on motor cycle bearing registration No. PB12-AD-4353. Gurdeep Singh was driving it while Ravi Kumar was pillion rider. When the duo reached near Guru Nanak Service Station, village Mataur, bus bearing registration No. PB32P-5781 came from back side, driven by its driver (respondent Yusuf) in a rash and negligent manner. The bus struck against the motor cycle of Gurdeep Singh. Resultantly, both the occupants of motor cycle fell down and sustained injuries. Gurdeep Singh succumbed to the injuries at the spot, while Ravi Kumar died on the way to hospital. The occurrence was witnessed by Babit Kumar. FIR was registered against the driver of the bus. Parents of deceased Gurdeep Singh filed the claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs. 2 crores, arraying the driver, owner and insurer of the offending vehicle. Respondents No. 1 and 2 in their written statement denied the allegations and took the stand that the accident had been caused due to rash and negligent driving of the motor cycle by Gurdeep Singh deceased himself. Insurance Company attempted to wriggle out of its liability by taking the stand that the driver of the offending bus was not having valid licence and there is breach of insurance policy. The relationship of claimants with deceased and his earning capacity were also denied.
(3.) On the basis of evidence adduced by parties, the learned Tribunal awarded an amount of Rs. 60,41,806/- along with interest @ 7% per annum from the date of filing of the petition till actual payment, to be apportioned equally by the claimants. The learned Tribunal held all the respondents jointly and severally liable to pay the aforesaid amount of compensation. The appellant Insurance Company was to indemnify the claimants in the first instance and was given recovery rights against the driver and owner of the offending vehicle.;