JUDGMENT :

Since all the connected appeals lay challenge to award dated 21.11.2016, passed by Motor Accident Claims Tribunal, Shimla, H.P. and proceedings in all the cases have arisen from one accident, same were being heard together and now are being decided vide instant common judgment.

2. For having bird’s eye view of the matter and for the completion of facts, facts of FAO bearing No. 124 of 2017 titled United India Insurance Company Ltd. vs Smt. Tanuja & others, are being taken note of.

3. Above captioned appeals under Section 173 of Motor Vehicles Act, lay challenge to impugned award dated 21.11.2016 in MAC Petition No.60-S/2 of 2007, titled Smt. Tanuja & another vs. Smt. Shiv Kumari & others, passed by learned Motor Accident Claims Tribunal, Shimla, H.P., whereby tribunal below while allowing the claim petition having been filed by claimants under Section 166 of Motor Vehicles Act (for short ‘Act’) saddled appellant/Insurance Company with liability to pay compensation to the claimants on account of death of persons namely Rama Nanda and Narender and injuries to claimant Suresh Kumar being insurer of the vehicle bearing No. HP18A-0123, owned by Smt. Shiv Kumari, respondent No.1.

4. Precisely, the facts of the case, as emerge from the record are that on 26.11.2006, at about 10:00 A.M., vehicle bearing No. HP18A-0123, owned by respondent No.3 Shiv Kumari, being driven by respondent No.4, Sandeep Kumar and insured with appellant/Insurance Company, met with an accident, as a consequence of which, two persons, namely, Rama Nand and Narender died, whereas, person namely Suresh Kumar suffered multiple injuries. Allegedly, on the date of accident, vehicle was being driven by respondent No.4, Sandeep Kumar, but when vehicle reached near village Sajnada at Nerwa-Chopal Highway, respondent No.4, stopped the car by side of the road on the curve and went towards the hill side to answer the call of nature, unfortunately, vehicle slipped into gorge, as a consequence of which, two persons namely Rama Nand and Narender died and third person Suresh Kumar, who had also come out of the vehicle, suffered injuries while making attempt to stop the vehicle. Claimants of deceased Rama Nand and injured Suresh Kumar, preferred petition(s) before MACT, Solan, whereas, LRs of deceased Narender filed MACT petition before MACT, Shimla. All the claimants as detailed hereinabove, claimed before Tribunals below that accident occurred on account of rash and negligent driving of respondent No.4, Sandeep Kumar, whereas, respondent No.2, Shiv Kumari, owner of ill-fated vehicle, claimed that she had already sold the vehicle to a person namely Dharmender Sharma, respondent No.5 and as such, she is not liable to pay any compensation. Appellant/Insurance Company claimed before Tribunals below that at the time of accident, vehicle was being driven by injured Suresh Kumar and not by Sandeep Kumar and as such, it is not liable to indemnify the insured.

5. Besides above, appellant/Insurance Company also claimed that driver of the vehicle was not having valid and effective driving licence and at the time of alleged accident, vehicle was being driven in violation of terms and conditions contained in the insurance policy and as such, it cannot be saddled with the compensation, if any, to be paid to the claimants. Learned MACT, Fast Track Court, Solan, District Solan, vide award dated 31.03.2011, passed in Case No. 32TC/2 of 2007, awarded sum of Rs. 11,50,000/-, along with interest @ 7½ per annum from the date of institution of the petition, till payment in favour of claimant Suresh Kumar, on account of injuries suffered by him in the accident. Apart from above, learned MACT, Solan also allowed claim petition having been filed by LRs of deceased Rama Nand and vide award dated 31.03.2011, awarded sum of Rs. 14,60,000/-, from the date of institution, till payment in favour of claimants, to be paid by the appellant/Insurance Company. MACT, Shimla, vide award dated 30.08.2011, p