SNEH PRASHAR,J. - (1.) The award dated 26.07.2011 passed by learned Motor Accident Claims Tribunal, Ludhiana (for short, "the Tribunal"), by virtue of which MACT Case No.104 of 02.08.2010 i.e. the claim petition under Section 163-A of the Motor Vehicles Act, 1988 (for short, "the Act of 1988") filed by Kuldeep Kaur and others (claimants-appellants) was allowed, has given rise to two appeals captioned above, one filed by the insurance company with whom Truck Trailer No.PB-10BY-2191 (hereinafter referred to as "the offending truck trailer") was insured and the other by Kuldeep Kaur and others, the claimants themselves.
(2.) Precisely, the facts are that on 30.09.2009, when Jai Hind Singh (since deceased) was driving the offending truck trailer, its steering wheel became free and in order to save himself when he jumped out of the vehicle he got entangled in the wheel and suffered injuries and died. Boota Singh, companion of the deceased lodged D.D.R. No.13 on the same day at Police Station Fathehabad (Agra).
(3.) The widow, sons, daughter and mother (legal representatives) of deceased Jai Hind Singh filed a petition invoking the provisions of Section 163-A of the Act of 1988 claiming compensation from the owner and insurer (respondents in the petition) of the offending truck trailer for his untimely death. The petition was contested by the respondents. Respondent No.1 apart from raising preliminary objection of maintainability of the claim petition, admitted the accident, age and income of the deceased, but denied the remaining averments of the claimants. Respondent No.2 besides denying the accident raised all preliminary objections available to the insurer under the Act of 1988.;