JUDGEMENT
VINEY MITTAL, J. -
(1.) This order shall dispose of a Bunch of 9 appeals as all the appeals
have been filed by the claimants and have arisen out of a common award
dated
May 27, 1997, passed by the Motor Accident Claims Tribunal, Sangrur, (for
short
'the Tribunal).
On August 6, 1989, a Car No. PUN-7723 carrying the passengers
was going from Ludhiana to Malerkotla. The aforesaid Car was hit by a
Truck No.
PBS-138, being driven by Gulam Rasool, the Driver. The Truck in question
was
owned by the Century Iron and Steel Mills, Malerkotla- respondent No.2.
(2.) In the accident, 7 persons, namely, Usha Rani, Ridhma, Krishan Lal,
Ricky, Nidhi, Som Nath and the driver Paramjit died at the spot and
Navdeep died
later on. Sudershan Lal and Kamla suffered injuries. Consequently, the
claim
petitions were filed before the learned Tribunal. All the claimants claimed
that the
driver of the offending Truck, namely, Gulam Rasool was rash and
negligent in his
driving and thereby the accident in question had been caused. On this
account, the
learned Tribunal held that the claimants were entitled to compensation. A
plea
was raised by the Insurance Company that the Driving Licence of the
driver Gulam
Rasool was fake, and therefore, the Insurance company was not liable to
pay any
compensation. The aforesaid plea of the Insurance Company was
accepted. The
compensation was assessed separately and independently in each claim
petition. It
was held that Gulam Rasool, driver and the Century Iron and Steel Mills,
Malerkotla, the owner of the Truck would be jointly and severally liable to
pay the
amount of compensation to the claimants.
The claimants have remained dissatisfied and have approached this
Court through the present appeals.
(3.) I have heard the learned counsel for the parties and have also gone
through the record of the case.
Two grounds have been raised in the present appeals. The claimants
have prayed for further enhancement of compensation. Additionally, it has
been
contended that the Insurance Company was liable to pay the
compensation and
could not be absolved of its liability.;
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