The court emphasized the proper assessment of compensation under various heads and the application of legal principles in determining the liability of the Insurance Company.

JUDGMENT :

1. As all the appeals filed by claimants arise out of the different impugned awards dated 30.06.2015 & 16.07.2015 passed by the Additional Motor Accident Claims Tribunal, Kondagaon, C.G. in separate Claim Case No.143/2012 (MAC No.1177/2015), Claim Case No.144/2012 (MAC No.1176/2015) and Claim Case No.145/2012 (MAC No.1241/2015), involving the same accident, they are being disposed of by this common judgment. For the sake of convenience, the parties shall hereinafter be referred to as per their description before the Tribunal.

2. As per claim petitions, on 12/02/2010 at about 4:00 am, deceased persons namely Rayjuram, aged about 24 years, Pitturam, aged about 48 years and Sukadu Dodi, aged about 55 years, were going in a Truck bearing registration No.KA01-D-6798 (hereinafter referred as 'offending vehicle') from village Bojegauda to village Shrawanbelgola. However, due to rash and negligent driving of the said vehicle by non-applicant No.1/driver, it turned turtle, as a result of which, deceased persons sustained grievous injuries over their bodies and died. At the time of accident, the offending vehicle was owned by non-applicant no.2 and duly insured with non-applicant no.3.

3. On claim petition i.e. Claim Case No.143/2012 (MAC No.1177/2015) being filed by the claimants under Section 166 of the Motor Vehicles Act claiming compensation of Rs.6,25,000/- under various heads, the Tribunal considering the evidence led by the parties, by the impugned award granted a total compensation of Rs.4,49,000/- with interest @ 7% p.a from the date of application till its realization, fastening the liability on non-applicants no. 1 & 2 (driver and owner) while exonerating Insurance Company/non-applicant no.3 on the ground of breach of policy conditions.

On claim petition i.e. Claim Case No.144/2012 (MAC No.1176/2015) being filed by the claimants under Section 166 of the Motor Vehicles Act claiming compensation of Rs.6,25,000/- under various heads, the Tribunal considering the evidence led by the parties, by the impugned award granted a total compensation of Rs.4,15,000/- with interest @ 7% p.a. from the date of application till its realization, fastening the liability on non-applicants no. 1 & 2 (driver and owner) while exonerating Insurance Company/non-applicant no.3 on the ground of breach of policy conditions.

On claim petition i.e. Claim Case No.145/2012 (MAC No.1241/2015) being filed by the claimants under Section 166 of the Motor Vehicles Act claiming compensation of Rs.6,25,000/- under various heads, the Tribunal considering the evidence led by the parties, by the impugned award granted a total compensation of Rs.5,91,800/- with interest @ 7% p.a from the date of application till its realization, fastening the liability on non-applicants no. 1 & 2 (driver and owner) while exonerating Insurance Company/non-applicant no.3 on the ground of breach of policy conditions.

4. Learned counsel for the appellants/claimants in all the appeals submits that no amount towards future prospects has been granted to the claimants by the Tribunal. He further submits that the amount awarded by the Tribunal under the conventional heads is also on lower side, which needs to be enhanced suitably. He also submits that in Claim Case No.144/2012 (MAC No.1176/2015) the Tribunal has wrongly applied the multiplier 10, whereas it should be 13, looking to the age of the deceased- Pitturam i.e. 50 years. He also submits that though the Insurance Company has been exonerated by the Tribunal while fastening the liability upon owner and driver, but the Tribunal ought to have passed the order of pay and recover in the light of the fact that at the time of accident, the offending vehicle was insured with Insurance Company under standard commercial vehicle package policy. Therefore, it is prayed that the principle of pay and recover may be applied in these cases by