The central legal point established is the interpretation and application of Section 66 of the Motor Vehicles Act to determine the insurer's indemnificatory liability.

JUDGMENT :

SURESHWAR THAKUR, J.

1. Since, FAO No. 279 of 2017, and, FAO No. 467 of 2017, both arise from a common ill-fated mishap, hence, involving the offending vehicle, bearing No. HP73-0833, and, also when the grounds of appeal, reared by the aggrieved insurer, rather are also common in both the afore FAOs, thereupon, both the afore FAOs, are, amenable, for a common verdict being recorded thereon.

2. In MACT Petition No. 28 of 2013, wherefrom, FAO No. 279 of 2017 has arisen, the learned tribunal concerned hence assessed, vis-a-vis, the claimants concerned, compensation amount borne, in a sum of Rs.10,02,600/-, and, thereon levied interest, at the rate of 7.5 % per annum, (I) and, it was ordered to commence, from, the date of filing of the petition, till its realization, and, the apposite indemnificatory liability thereof, was, fastened upon the insurer/appellant herein.

3. In MACT Petition No. 55 of 2013, wherefrom, FAO No. 467 of 2017 has arisen, the learned tribunal concerned hence assessed, vis-a-vis, the claimants concerned, compensation amount, borne in a sum of Rs.10,02,600/-, and, thereon levied interest, at the rate of 7.5 % per annum, (I) and, it was ordered to commence, from, the date of filing of the petition till its realization, and, the apposite indemnificatory liability thereof, was, fastened upon, the insurer/appellant herein.

4. The learned counsel appearing for the insurer , upon, standing aggrieved, by the fastening, of the apposite indemnificatory liability, upon, the insurer, of the offending vehicle, has proceeded to rear a contest, vis-a-vis, the afore saddling, of, indemnificatory liability, upon, it, (I) and, his contest is rested, upon, despite the offending vehicle hence being evidently depicted, in the RC appertianing therewith, and, respectively borne, in, Ex.R-1/B (in FAO No. 279 of 2017), and, in Ex. R1E (in FAO No. 467 of 2017), rather qua it standing registered, as a goods vehilce, (ii) thereupon, unless evidence stood adduced, that, at the relevant time, deceased Kishan, and, deceased Teju, stood respectively borne thereon, as owner of the goods, and, as a Coolie, (iii) thereupon, the saddling, of, the apt indeminificatory liability, being grossly inapt, (iv) whereas, upon the afore PW-2 Hem Raj hence stepping into the witness box, in MACT petition bearing No. 28 of 2013, and, upon whose information FIR, borne in Ex.PW1/A, stood registered, in the police station concerned, rather in his cross-examination, rendering unequivocal bespeakings, (v) qua, in contemporaneity, vis-a-vis, the relevant mishap, involving the offending vehicle, hence happening rather thereat no goods being carried in the offending vehicle obviously, rather renders the afore fastenings to faulter. However, the reliance placed by the learned counsel for the insurer, upon, the afore testification of PW-2, for therefrom, his striving, to capitalize, a deduction, from this Court, qua both the afore deceased hence travelling in the offending vehicle, as gratuitous passengers therein, and, obviously without any goods, being loaded thereon, is, an extremely legally frail striving, (vi) as, the counsel for the insurer has remained, unmindful, vis-a-vis, the testification rendered by RW-5, Khem Raj, the driver of the offending vehicle, and, who, in his examination-in-chief, hence echoed, visa-vis, the deceased Kishan, travelling in the offending vehicle, not, as a gratuitous passenger, but as owner of goods, standing loaded therein, inasmuch, as food grains being at the relevant time rather standing borne, in, the offending vehicle. The afore testification, is, meted credence by H.C. Kailash, the Investigating Officer concerned, who while stepping into the witness box as RW-4, has, in his cross-examination, rendered echoings vis-a-vis, from, the road onwards till the place whereupto the offending vehicle rolled into, his detecting, vis-a-vis, grains of wheat, and, also of rice rather occurring thereat. The afore inter se corroboratio