UNITED INDIA INSURANCE CO. LTD. Vs. LEELA WATI

JUDGEMENT

(1.) These two appeals have been heard and are being decided by a common judgment as common questions of facts and law are involved.

(2.) The appeals have been filed by the insurer. In FAO No. 145 of 2013, respondents No. 1 and 2 were the claimants before the learned Motor Accident Claims Tribunal (hereinafter referred to as 'Claimants') and respondent No.3 was the owner-cum-driver of the vehicle (hereinafter referred to as 'Owner'). Similar is the position in FAO No. 148 of 2013.

(3.) The vehicle Utility Jeep No. HP-20-6469 was owned by the owner. On 25/1/2010 the vehicle met with an accident while being driven by the owner. Three persons namely Dev Singh, Sonu and Sunil Kumar were occupying the vehicle. Dev Singh and Sonu died as a result of injuries suffered by them in the accident. Sunil Kumar also suffered injuries. The parents of Dev Singh i.e. claimants in FAO No. 145 of 2013 filed a petition under Sec. 163-A of the Motor Vehicles Act (for short, 'Act') before the Motor Accident Claims Tribunal, Fast Track Court, Una, District Una, H.P. (for short, 'Tribunal') which was registered as MAC Petition No. 08/2010. The owner and insurer were impleaded as respondents No. 1 and 2, respectively.