JUDGMENT :

1. By way of instant appeal filed under S.173 of the Motor Vehicles Act (hereinafter, ‘Act’), challenge has been laid to Award dated 19.1.2012 passed by learned Motor Accident Claims Tribunal-II, Mandi, District Mandi, Himachal Pradesh in MACT No. 38 of 2007, whereby learned Tribunal below, while allowing the claim petition, having been filed by the appellants-claimants (hereinafter, ‘claimants’), held respondents Nos. 2 and 3 jointly liable to pay a sum of Rs.2,36,000/- alongwith interest at the rate of 7.5 per annum from the date of filing of the petition, till the date of deposit.

2. Precisely, the facts of the case as emerge from the record are that a claim petition under S.166 of the Act, came to be instituted at the behest of the claimants, claiming therein compensation to the tune of Rs.15.00 Lakh, on account of death of Chaman Lal in a motor-vehicle accident involving vehicle bearing registration No. HP-58-1710 on 10.10.2006. As per claimants, on 10.10.2006, deceased was coming from Village Bagla to Mandi on his motorcycle bearing registration No. HP-29-1-0586. He stopped his motorcycle at Chakkar on the left hand side of the road. A vehicle bearing registration No. HP-58-1710 came form Mandi, which was being driven by respondent No.2 in rash and negligent manner and hit firstly the motorcycle and thereafter the deceased, as a consequence of which, deceased suffered injuries and died on the spot. Claimants, being dependent upon the deceased, file claim petition, as referred to above, stating therein that the deceased was working as a contractor and his monthly income was more than Rs.50,000/- per month. Claimants also claimed that that the motorcycle was totally damaged in the accident and sine they have been left with no source of income, they be awarded compensation to the tune of Rs.15.00 Lakh.

3. Aforesaid claim put forth by the claimants came to be resisted on behalf of respondents Nos. 1 and 2, who though admitted the factum of accident involving vehicle bearing registration No. HP-58-1710 and motorcycle bearing registration No. HP-29A-0586, but asserted that the accident took place on account of the negligence of the deceased, who was driving the motorcycle in a rash and negligent manner and hit the tipper. Respondent No.2 specifically denied that the vehicle was stopped at Chakkar on left side of the road and Tipper had hit the stationery motorcycle.

4. Respondent No.3 i.e. insurance company, opposed the claim on the ground that the driver of the offending vehicle was not having a valid and effective driving licence and the vehicle in question was being driven in violation of the terms and conditions of the insurance policy. 5. On the aforesaid pleadings of the parties, learned Tribunal below framed following issues for determination on 16.5.2008:

1. Whether the deceased Chaman Lal died due to rash and negligent driving of Tipper No. HP-58-1710 by respondent Leela Prakash as alleged? OPP

2. If issue No.1 is proved in affirmative, whether the petitioners are entitled for compensation, if so to what amount and from whom? OPP

3. Whether there was breach of terms and conditions of insurance policy? OPR.

4. Whether the driver was not holding valid and effective driving licence. At the time of accident? OPR-3

5. Relief”

6. Learned Tribunal below, on the basis of evidence adduced on record by respective parties, held respondents Nos. 1 and 2 jointly and severally liable to pay compensation to the tune of Rs.2,36,000/- to the claimants, alongwith interest at the rate of 7.5% per annum from the date of filing of the petition till realisation.

7. Being aggrieved and dissatisfied with the impugned award, claimants have approached this Court in the instant proceedings, praying therein to set aside the impugned award and to enhance the same. Similarly, respondent No. 1 Gautam Nath, filed FAO No. 120 of 2012, titled Gau