(1.) Both the appeals are being decided together as these arise out of the same award.
(2.) FAO No.66 of 2018 has been filed by the owner of the vehicle (insured) as the liability to pay compensation has been fastened upon him and FAO No.130 of 2018 is by insurer as learned Tribunal has directed the compensation to be paid by the insurer in the first instance and then to recover the same from the owner (insured).
(3.) On 26/2/2007 at about 12:15 PM an accident took place near place Malyana on Shimla by-pass road involving car No. HP-35-0333 and truck bearing registration No.HP-14A-1839. The car was being driven by Rajinder Singh Bodh and the truck by Het Ram (hereinafter referred to as "driver"). Rajinder Singh Bodh (hereafter referred to as deceased) succumbed to injuries suffered in the accident. His legal representatives i.e. the mother Smt. Kaushalya Devi, wife Smt. Urmila Bodh and minor son Master Shreshth (hereinafter referred to as "claimants") filed MAC Petition No.37 of 2007 under Sec. 166 of Motor Vehicles Act before the Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahar (for short, "the Tribunal"). The cause of accident was allegedly attributed to rash and negligent driving of the driver of the truck.
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