IMPORTANT POINT
The main legal point established in the judgment is the duty of the tribunal to conduct a proper inquiry, appreciate relevant facts, and follow basic principles of law in determining liability and compensation under the Motor Vehicles Act, 1988.

JUDGMENT

Navin Chawla, J. - These appeals have been filed challenging the Award(s) dated 04.06.2018 (hereinafter referred to as the 'Impugned Awards') passed by the learned Motor Accident Claims Tribunal, North-West District, Rohini Courts, Delhi (hereinafter referred to as the 'Tribunal') in MACT case No. 450274/2016, titled Sajjanpati @ Sajna & Anr. v. Sumit & Ors. (MAC.APP. 920/2018) and MACT case No. 450220/2016, titled Sanju Rani & Ors. v. Sumit & Ors. (MAC.APP.922/2018).

2. As the above Claim Petitions claimed compensation for the death of two persons who died in the same accident, and as common questions arise for consideration in these appeals, they are being considered and disposed of by way of this common judgment.

3. While MAC.APP.920/2018 and MAC.APP.922/2018 have been filed by the IFFCO Tokio General Insurance Company Limited (hereinafter referred to as the 'Insurance Company'), MAC.APP 254/2019 has been filed by the owner of the car bearing registration No. HR-79-3123 (hereinafter referred to as the 'Offending Vehicle'), and MAC.APP.20/2021 has been filed by Sh.Sumit, who was alleged by the claimants in the two Claim Petitions before the learned Tribunal to be the driver of the offending vehicle at the time of the accident.

Factual Brief

4. It was the case of the claimants in both the Claim Petitions before the learned Tribunal that on 12.05.2014, at about 5:00 PM, Surinder Singh, Naveen Kumar, Sumit and Sudhir were going in the offending vehicle to Haridwar. The Offending Vehicle was being driven by Sumit at a very high speed and in a rash and negligent manner. When the Offending Vehicle reached near Radha Swami Satsang, coming from Kanjhawala to Karala Mor, Kanjhawala, Delhi, Sumit lost control of the Offending Vehicle and hit the Offending Vehicle against the divider. As a result of the accident, Surinder and Naveen Kumar suffered fatal injuries and died at the spot. Sh.Sumit and Sh.Sudhir also suffered injuries.

5. The Claim Petition, being MACT case No. 450274/2016, was filed by the legal heirs of Late Sh. Surinder, while MACT case No. 450220/2016 was filed by the legal heirs of Late Sh. Naveen Kumar, claiming compensation from the Insurance Company, with whom the Offending Vehicle is insured, the Appellant in MAC.APP 254/2019, who is the owner of the Offending Vehicle, and the Appellant in MAC.APP.20/2021, the alleged driver of the Offending Vehicle.

6. The learned Tribunal, in its Impugned Award(s), has held that the accident had taken place due to the offending vehicle being driven in a rash and negligent manner by its driver, that is, Sh.Sumit. The learned Tribunal has awarded compensation of Rs. 15,51,407.2/- in favour of the respondent nos.1 and 2 in MAC. APP. 920/2018, that is, the Legal Heirs of the deceased Surinder Singh; and Rs. 21,61,398.4/- in favour of the respondent nos.1 to 4 in MAC.APP.922/2018, that is, the Legal Heirs of the deceased Naveen Kumar, to be paid along with an interest at the rate of 9% per annum with effect from the date of filing of the Claim Petitions till its realization.

7. On the question of liability to pay the compensation, the learned Tribunal has held that as Sumit was not holding a valid and effective driving licence as on the date of the accident, therefore, the Insurance Company will be liable to pay the compensation amount to the claimants in the two Claim Petitions, however, shall have a right to recover the compensation paid to the claimants from the owner and the driver of the Offending Vehicle, that is, Sh.Anil Kumar (Appellant in MAC.APP.254/2019), and Sh.Sumit (Appellant in MAC.APP.20/2021), respectively.

Submissions of the Learned Counsel for the Insurance Company:

8. The learned counsel for the Insurance Company submits that the two Claim Petitions, that is, MACT Case No. 450274/2016 (seeking compensation for the death of Sh.Surinder Singh) and MACT Case No. 450220/2016 (seeking compensation for the death of Sh.Naveen Kumar) arose out of the same accident and a comm