IMPORTANT POINT
A driver holding a light motor vehicle license is permitted to operate a light transport vehicle if it meets specific weight criteria, and compensation for accident claims must reflect the actual income and losses incurred by the dependents.

JUDGMENT :

(Nupur Bhati, J.) :

[Civil Misc. Appeal No. 1770/2015 & 1840/2015]

1. These misc. appeals have been filed by the appellant/non-claimant No.3 Insurance Company under Section 173 of the M.V. Act, 1988 challenging the validity of the judgment and award dated 01.07.2015 passed by learned Judge, Motor Accident Claims Tribunal, Suratgarh, District Sri Ganganagar in MAC Case Nos.120/2014 (39/2011) : Smt. Sunita vs. Pawan Kumar & Ors. and 119/2014(37/2011) : Smt. Sunita and Ors. Vs. Pawan Kumar & Ors., whereby the learned Tribunal partly allowed the claim petitions filed by the claimants and awarded compensation in favour of respective claimants to tune of Rs.51,642/-and Rs.10,97,000/-along with interest @ 8% per annum while holding all the non-claimants to satisfy the award.

2. Briefly stated, the facts of the case are that the claimants filed their claim petitions under Section 166 of the M.V. Act before the learned Tribunal claiming compensation. In the claim petitions, it was inter-alia alleged that on 26.06.2011, Sunita along with her husband Shravan Kumar was going on Motor Cycle No. RJ-135G-5994 from his village 1 KSR to Sri Ganganagar. When they reached near Bhagwangarh Bus Stand, a tractor attached with trolley came from the opposite side in a rash and negligent manner and hit the motor cycle which was on the right side of the road. In the accident, Shravan Kumar and Smt. Sunita sustained simple and grievous injuries. Due to the grievous injuries sustained by Shravan Kumar, he succumbed to death while being carried to hospital. An FIR was lodged for the said incident bearing No. 145/2011 in P.S. Suratgarh. The police after investigation filed the challan against the driver of the tractor Pawan Kumar under section 279, 337, 338, 304A IPC. That the claimant averred in the claim petition that at the time of accident, injured Sunita was going with her husband Shravan Kumar. Another claim petition bearing No. 119/2014 (37/2011) was filed by the respondent No.1 on account of death of Shravan Kumar in the same accident. Both the claim petitions were tagged by the learned Tribunal and was decided by the common judgment dated 01.07.2015. The claimants filed claim petition claiming compensation of Rs. 52,72,000/- under various heads.

3. On receiving the notice of the claim petition on behalf of the owner and driver of the tractor, reply to the claim petition was filed in which factum of negligence was denied. It was averred that the accident occurred due to negligence of the deceased Shravan Kumar. On behalf of the appellant-insurance company, reply to the claim petition was filed, in which, a specific plea was taken that at the time of accident the tractor was attached with the trolley and it was used as a transport vehicle but the driver was possessing the Light Motor Vehicle Licence. Apart from this, appellant-insurance company took a plea that claimants has not produced any documentary evidence in regard to income of the deceased and the claim filed by the claimants is on very high side.

4. On the basis of pleadings of the parties, the learned Tribunal framed three issues, including relief, which inter-alia reads as under:

5. In support of their claims, the claimants examined three witnesses and 34 documents were exhibited and on behalf of non-claimants No.1 and 2 no evidence was led and on behalf of non-claimant No.3, one witness was examined, however, no documents were exhibited.

6. After considering the arguments of the counsel for the parties and considering the evidence led, the learned Tribunal awarded Rs. 51,642.42/-and Rs.10,97,000/-in favour of the respective claimants alongwith interest @ 8% p.a. and the liability was fastened upon all the non-claimants jointly and severally.

7. Being aggrieved of the judgment and award dated 01.07.2015 passed by learned Motor Accident Claims Tribunal, Suratgarh, District Sri