ORIENTAL INSURANCE COMPANY LIMITED Vs. SUSHILA AND OTHERS

JUDGEMENT

(1.) These appeals and the crossobjections are the outcome of a motor vehicular accident, which was caused by the driver, namely Shri Khatri Ram, while driving truck, bearing registration No. HP174454, rashly and negligently on 21.02.2011, at about 11.30 A.M. near Tillourdhar, Tehsil Paonta Sahib, District Sirmaur, H.P., in which Shri Sanjay and Shri Mehmood sustained injuries and succumbed to the injuries, constraining the claimants to file two claim petitions before the Motor Accident Claims TribunalI, Sirmaur District at Nahan (for short "the Tribunal"), which came to be determined and compensation was awarded in favour of the claimants vide separate awards, dated 12.04.2013 (for short "the impugned awards").

(2.) The OwnerInsured And The Driver Of The Offending vehicle have not questioned the impugned awards on any count, have attained finality so far these awards relate to them.

(3.) The Insurer Has Questioned The Impugned Awards On the grounds that the deceased were travelling in the offending vehicle as gratuitous passengers, thus, the ownerinsured has committed a willful breach and that the insurance policy was not subsisting at the time of the accident.