M/S. CHATHA SERVICE STATION Vs. LALMATI DEVI

JUDGEMENT

(1.) Leave granted.

(2.) The above four appeals are filed from the orders in two first appeals by the High Court of Punjab and Haryana, arising from two separate orders of the Motor Accidents Claims Tribunal and the orders in two Review Applications filed from the aforesaid orders in first appeals, both of which stood rejected.

(3.) Before us, the appeals are filed by the owner of the offending vehicle involved in the motor accident, in which the breadwinners of the claimants' family, who were respectively; riding a bicycle and a pedestrian, died in the accident involving an oil tanker. The First Information Report was registered against the driver of the oil tanker which was rashly and negligently driven, by reason of which it hit the bicyclist and the pedestrian. The Tribunal found negligence based on the FIR registered and the deposition of CW2, who was an eyewitness. Ext. C1-FIR and Ext.C3-Charge Sheet points to the rash and negligent driving of the oil tanker, which stands corroborated by the deposition of CW2: eye-witness. The awards were passed in both the claim petitions, the quantum of which has not been challenged by the owner of the offending vehicle; the oil tanker, either in the High Court or this Court. Having fixed the quantum, the Tribunal directed the insurance company to pay the award amounts and recover it from the owner and driver of the offending vehicle, since the driver did not have a valid licence to drive a vehicle carrying dangerous and hazardous goods. Appeals were filed before the High Court by the owner of the oil tanker, against the order to pay and recover. The review applications were also filed against the very same direction by the owner of the oil tanker; the offending vehicle, both of which stood rejected.