KAPIL DEV Vs. ASHOK KUMAR AND OTHERS

JUDGEMENT

(1.) FAO No. 616 of 2018, FAO Nos. 246, 247, 248, and, No. 249, of, 2019, each stand instituted, by the appellant/driver, of, the offending vehicle, against, the impugned verdict, hence, recorded, on, 1. 10. 2016, by the learned Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr, District Shimla, H. P. (for short "the Tribunal"), upon, MAC Petition Nos. 0100084 of 2011, 0100087 of 2011, 0100086 of 2011, 0100085 of 2011, 0100022 of 2011, and, wherethrough(s), the indemnificatory liability, vis-?a-?vis, the determined therein(s) compensation amount(s) became jointly and severally hence fastened, upon, the owner and driver of the offending vehicle, and, obviously despite, the, vehicle becoming insured, with, the insurance company concerned.

(2.) FAO No. 32 of 2017, stands instituted, by, the appellants, against the impugned verdict recorded, by the learned Tribunal, on, 1. 10. 2016, upon, MAC Petition No. 0100022 of 2011, wherethrough, they seek enhancement of the compensation amount, assessed qua them, in the impugned award.

(3.) The learned Tribunal, did not saddle, the apposite indemnificatory liability, upon, the insurer, of, the offending vehicle bearing registration No. HP-?26A-?1271, (a) on anvil, of, the offending vehicle becoming registered, as, a Light Goods Vehicle, and, hence enjoining, the, apposite goods alongwith their respective owners, becoming borne in the offending vehicle concerned, (b) whereas, with no goods, hence at the relevant time hence, becoming borne hence in the offending vehicle, thereupon, all the occupants' in the respectively constituted claim petitions, before, the learned Tribunal becoming construable, to be, hence "Gratuitous passenger(s)", hence aboard thereon(s).