BAKSHISH SINGH Vs. BALWINDER SINGH

JUDGEMENT

(1.) The appellants-claimants have preferred these appeals for setting aside the impugned award dated 31.5.2010, passed by the learned Motor Accident Claims Tribunal, Amritsar, awarding compensation on account of death of the occupants of Tata Sumo bearing No. PB-02-Q-9012 in a vehicular accident that took place on 18.4.2008, vide which the learned Tribunal fastened the liability of driver and the owner to pay the compensation, absolving the liability of Insurance Company.

(2.) The brief facts of the case in hand are that on 18.4.2008 at about 3.45 p.m, Sandeep Kumar along with Ravinder Kaur, Sajjan, Manjit Kaur, Inderjit Kaur, Rajan, Satwinder Kumar, Pushpatwati, Renu Bala and Anita was coming from Sarhali towards Ajnala, after attending a bhog on Tata Sumo bearing registration No. PB-02-Q- 9212. When they reached behind Adda Thathian Mohantan, a mini bus bearing registration NO. PB-02-AG-9735, being driven by Balwinder Singh, driver of the offending vehicle in a rash and negligent manner struck against the Tata Sumo, as a result thereof the occupants of the Tata Sumo succumbed to their injuries.

(3.) Feeling aggrieved against the award claimants-appellants preferred the present appeals for setting aside the impugned award qua Issue No.4 which is common in all the above mentioned appeals i.e.