- (1.) By way of this order, I shall dispose of FAO No. 6466 of 2012 and 6467 of 2012 as these are the off shoot of common award dated 8.9.2012 passed by the Motor Accident Claims Tribunal, Nuh (in short "the Tribunal") in regard to death of Mohd. Farrukh and Rashidan, travelling on a motor cycle driven by Mohd. Farrukh on the fateful day of 28.10.2009 at about 5 p.m. due to alleged rash and negligent driving of Tata 407 bearing No. HR-55G-6466 by its driver, Ali Mohd. Notice to respondents No. 6 to 10 (in FAO No. 6466 of 2012) and Nos. 5 to 9 (in FAO No. 6467 of 2012) could not be issued as counsel for the appellant failed to file their correct addresses. On August 21, 2013, notice sent to respondents No. 6 to 10 received back with the report 'not residing at the given address'. Subsequent thereto, three opportunities have been allowed to the appellant to file correct addresses of respondents No. 6 to 10 but the appellant failed to comply with the orders. In the circumstances of the present case, the appellant is not entitled to any further opportunity for the purpose and as a consequence, the appeals against respondents No. 6 to 10 (in FAO No. 6466 of 2012) and Nos. 5 to 9 (in FAO No. 6467 of 2012) stand dismissed.
(2.) The learned Tribunal awarded compensation in favour of the claimants-respondents in regard to death of the aforesaid persons.
(3.) The insurance company is in appeal to challenge quantum of compensation on the plea that as Mohd. Farrukh allowed two persons to sit on the pillion of the motor cycle, he himself attributed to the occurrence and, therefore, 50% of compensation computed by the Tribunal is liable to be reduced attributable to negligence on the part of the motor cyclist. In support of his contention, he has relied upon judgment of this Court in Angrejo Devi and others v. Jai Parkash and others, 2012 168 PunLR 604.;