AZAD AHMAD Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) These three Letters Patent Appeals arise out of a common judgment and order dated 21.10.1999 propounded by the learned single Judge in C.I.M.A. Nos. 222, 254, 258 and 261 of 1998. We have heard Mr. B.S. Bali, learned advocate for the appellants, as well as Mr. R.K. Gupta and Mr. D.R. Khajuria, learned advocates for the respondents, in extenso.

(2.) The basic facts may be noticed. The victims of the accident were travelling in a vehicle bearing registration No. JK 02-B 579, which skipped off the road and fell down on 20.4.1995, as a result of which, some of the passengers died while others suffered burn injuries.

(3.) The claim petitions were preferred before the Motor Accidents Claims Tribunal for compensation and the award came to be passed on 30.4.1998. The owner of the vehicle as well as the insurance company challenged the award by filing a joint appeal on the ground that the compensation has been determined without applying the principle of law and that the quantum of compensation awarded by the Tribunal is exorbitant. An argument was also put across before the learned single Judge with regard to the maintainability of the joint appeals by the insurer and the insured on the ground that insurer cannot challenge the quantum of compensation. The learned single Judge after hearing the rival contentions of the parties and going through the evidence on record held as under: