Darshan Singh, J. - (1.) This judgment shall dispose of both the appeals mentioned above, which have arisen out of the same award dated 12.09.2013, passed by learned Motor Accidents Claims Tribunal, Amritsar (hereinafter called the 'Tribunal').
(2.) For the sake of convenience, the status of the parties shall be referred as per the claim petition.
(3.) Claimants Sarishta Devi and others had filed the claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter called the 'Act') for grant of compensation on account of death of Sunny son of Ranjit in the road side accident, which took place on 24.06.2011. Victim Sunny succumbed to the injuries on 01.07.2011. As per the case of the claimants, deceased Sunny was working as a paid driver with Ashok Kumar, Proprietor of Ashoka Travels, Jawala Nagar, Naraingarh, G.T. Road, Chhehrata, Amritsar. On 24.06.2011, Subhash Chander hired Tavera vehicle bearing registration No.PB -02 -AY -2524 from Ashoka Travels for going to Haridwar. The said vehicle was being driven by deceased Sunny. When they reached near Rayya, one Trailer Truck bearing registration No.HR -55 -H -2125 was going ahead of Tavera car. It was loaded with cone container. All of a sudden, due to technical defect during the process of overtaking the central tyre of said Trailer Truck separated and hit the Tavera car. Deceased Sunny lost control of the Tavera car and struck against the divider. All the occupants of the car including driver Sunny received injuries. As a result of which, he succumbed to the injuries on 01.07.2011 in Guru Nanak Dev Hospital, Amritsar. It was pleaded that the accident has taken place due to negligence of the Trailer Truck on the part of respondents No. 1 & 2.;