Rakesh Kumar Garg, J. - (1.) THIS judgment shall dispose of both the aforesaid appeals which have arisen out of two separate Awards passed in two claim applications i.e. MACT case No. 57 dated 17.10.2011 and MACT case No. 98 dated 17.10.2011 arising out of one and the same accident.
(2.) AS per averments made in the claim applications, Ms. Megha Negi along with her mother, namely, Veena Negi was going from Bhawanigarh Bus Stand to village Harkrishanpura while sitting in car bearing registration No. WB -02 -K -7090 which was driven by Shanker Singh Negi at fast speed in rash and negligent manner and when they reached near the area of village Faguwal, the offending car went out of control due to high speed and struck against a tree. Due to the aforesaid accident, Mrs. Veena Negi, her daughter Megha Negi and Shanker Singh Negi received serious injuries. They were brought to the hospital where Megha Nega and Shanker Singh Negi were declared brought dead. Veena Negi was referred to PGI Hospital, Chandigarh. She suffered multiple grievous injuries. According to the averments made in the claim petitions, the accident took place due to rash and negligent driving of Shanker Singh Negi. In MACT case No. 98 dated 17.10.2011, Ms. Veena Negi claimed compensation to the tune of Rs. 25 lacs from the respondents on account of multiple injuries suffered by her whereas in claim petition bearing MACT No. 57 of 17.10.2011, compensation was sought by the legal heir of Ms. Megha Negi who was aged about 25 years and was B.Tech. in Electronics and was working with Lucas TVS Limited, Rewari on monthly salary of Rs. 21,000/ -. In the instant case, claimants sought compensation of Rs. 30 lacs.
(3.) UPON notice, appellant -Insurance Company appeared and filed a written statement contesting the claim petition raising various objections further stating that the claim petition was not maintainable as Shanker Singh Negi (deceased) was owner of the offending car and after his death in the alleged accident, claimants along with Naik Tushar Negi, respondent applied for compensation under personal accident claim and own damage claim of the car in question and appellant paid Rs. 2 lacs for personal accident and Rs. 75,000/ - for damage to the car. Since the claimants being the LRs of insured Shanker Singh Negi have become the owners of the vehicle of the offending car, therefore, they cannot claim compensation. On merits, it was stated that the claimants being owners of the offending car were not entitled to get compensation.;