NATIONAL INSURANCE CO. LTD Vs. MAYA DEVI

JUDGEMENT

(1.) Leave granted.

(2.) These Appeals arise from the Common Final Judgment and Order, dtd. 5/10/2018 rendered by a learned Single Judge of the High Court of Punjab and Haryana at Chandigarh in F.A.O. Nos.2921/2018 (O&M) and 2922/2018 (O&M) whereby, while dismissing the Appeals preferredby the Petitioner-Insurance Company, the High Court upheld the Compensation awarded to the Claimants i.e., Respondents No.1 & 2 herein vide Award dtd. 1/2/2018 passed by the Motor Accidents Claim Tribunal at Gurdaspur, Punjab (hereinafter referred to as the 'MACT') in the Claim PetitionsM.A.C.T. Cases No.09/2017 & 10/2017 ] filed by the Respondents Nos.1 & 2. The MACT had awarded Compensation to the tune of '67,50,000 and '8,70,000 with Interest @ 9% per annum to the Respondent No.1, being the Mother of Sh. Om Prakash and Mother-in-law of Smt. Asha Rani, and Respondent No.2, being the Daughter of Sh. Om Prakash and Smt. Asha Rani, who expired in an unfortunate road accident on 11/4/2017. The MACT assessed and quantified the Compensation as under:

(3.) The MACT held Respondent No.3, Respondent No.4 and the Petitioner, being Driver, Owner and Insurer, respectively, as jointly and severally liable to pay the awarded Compensation to the Claimants. The MACT specifically observed that the Petitioner-Insurance Company could not avoid its liability to indemnify Respondent No.4, Owner of Tractor bearing Registration No.PB-06-Q-6846 and thus, held it liable to pay Compensation to the Claimants.