PUKHA RAM ALIAS PUKHRAJ Vs. SHARVAN RAM

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act has been submitted by the owner and driver of the vehicle involved in the accident against the common award dated 17.08.2005 insofar it relates to Claim Case No. 126/2005 whereby the Tribunal has awarded compensation in the sum of Rs. 3,22,000/- to the husband and four children of the vehicular accident victim Keli Devi, said to be about 35 years in age.

(2.) While making the award, the Tribunal has considered two claim cases arising out of same accident being Claim Case Nos. 125/2005 and 126/2005 together; and while holding the driver responsible for the accident resulting in death of two occupants of the vehicle, has proceeded to exonerate the insurer of its liability with the finding that the victims cannot be described as 'third party' and they being occupants of the vehicle, the insurer does not stand in liability in view of its insurance policy.

(3.) The appellants have attempted to raise two questions in this appeal: first that the Tribunal has erred in exonerating the insurer of its liability; and second that the award in the present case on its quantification of compensation remains highly excessive.