MANGAL SAIN Vs. GHULAM RASOOL

JUDGEMENT

(1.) This order shall dispose of a Bunch of 9 appeals as all the appeals have been filed by the claimants and have arisen out of a common award dated May 27, 1997, passed by the Motor Accident Claims Tribunal, Sangrur, (for short 'the Tribunal). On August 6, 1989, a Car No. PUN-7723 carrying the passengers was going from Ludhiana to Malerkotla. The aforesaid Car was hit by a Truck No. PBS-138, being driven by Gulam Rasool, the Driver. The Truck in question was owned by the Century Iron and Steel Mills, Malerkotla- respondent No.2.

(2.) In the accident, 7 persons, namely, Usha Rani, Ridhma, Krishan Lal, Ricky, Nidhi, Som Nath and the driver Paramjit died at the spot and Navdeep died later on. Sudershan Lal and Kamla suffered injuries. Consequently, the claim petitions were filed before the learned Tribunal. All the claimants claimed that the driver of the offending Truck, namely, Gulam Rasool was rash and negligent in his driving and thereby the accident in question had been caused. On this account, the learned Tribunal held that the claimants were entitled to compensation. A plea was raised by the Insurance Company that the Driving Licence of the driver Gulam Rasool was fake, and therefore, the Insurance company was not liable to pay any compensation. The aforesaid plea of the Insurance Company was accepted. The compensation was assessed separately and independently in each claim petition. It was held that Gulam Rasool, driver and the Century Iron and Steel Mills, Malerkotla, the owner of the Truck would be jointly and severally liable to pay the amount of compensation to the claimants. The claimants have remained dissatisfied and have approached this Court through the present appeals.

(3.) I have heard the learned counsel for the parties and have also gone through the record of the case. Two grounds have been raised in the present appeals. The claimants have prayed for further enhancement of compensation. Additionally, it has been contended that the Insurance Company was liable to pay the compensation and could not be absolved of its liability.