1. A Public Service Vehicle bearing Registration No. JK02D-5947 plying on Kathua-Jammu route, met with an accident at Kanthpur, when because of its drivers loosing control, it collided with a Tipper bearing Registration No. JK02K-2586, coming from the opposite direction.

2. The Public Service Vehicle owned by Lakshman Dass and driven by Bachan Lal respondents was insured with the National Insurance Co. Ltd. at the time of the accident.

3. The injured and the dependants of those who died in the accident, approached the Motor Accidents Claims Tribunal, Jammu, with six Claim Petitions, detail whereof is as follows:-

Claim Petition No. 45, pertains to a compensation claim of Rs. 17, 75,000/-, for the death of Tripta Devi, Yash Paul Claimants wife and the other claimants Pankaj Chadwal and Partek Chadwals mother, who had died because of the injuries sustained in the accident.

Claim Petition No. 46, is for compensation of Rs. 2, 25,000/-, for the death of Priyanka, the minor daughter of Yash Pal claimant, who had succumbed to the injuries received in the motor vehicular accident, aforementioned.

Claim Petition No. 892, is for compensation of Rs. 40.00 Lac to Rekha Chadwal, who too received injuries in the accident.

Claim Petition No. 154, is for compensation of Rs 13.50 Lac to Naresh Kumar, Rajesh Kumar and Sonu Devi, sons and daughter of Bishan Dass, who had died because of the injuries sustained in the accident.

Claim Petition No. 73 for compensation amounting to Rs. 14,30,000/- has been lodged by the widow, sons, and daughters of Sham Lal, who died as a result of the injuries in the accident, referred to herein above.

Claim Petition No. 269 has been filed by Vinay Kumari, seeking compensation of Rs. 25.00 Lac, for the injuries and the loss she has been put to, because of the injuries sustained in the accident.

4. Contesting the Claim Petitions, aforementioned, the National Insurance Company Ltd. disputed its liability to indemnify the owner of the vehicle before the Tribunal, inter-alia, on the ground that vehicle No. JK02D-5947 did not have the Route Permit, at the time of the accident and had been driven against the provisions of the Motor Vehicles Act, 1988, in that, the driver of the offending vehicle was driving the vehicle without valid and effective Driving License.

5. In order to avoid the possibility of conflicting judgments, the Tribunal held a joint trial of the Claim Petitions on the following issues:-

1. Whether an accident took place on 13-04-2001 due to rash and negligent driving by the driver of the offending vehicle bearing registration No. . JK02D 5947 in which the deceased Rita Devi, Prayanka, Bishan Dass and Sham Lal succumbed to the injuries, whereas the petitioners Yash Paul and Vinay Kumari sustained grievous injuries? OPP

2. If issue No.1 is proved in affirmative to how much amount of compensation the petitioners are entitled to in each claim petition and from whom? OPP

3. Whether the offending vehicle was being driven against the provisions of Motor Vehicles Act without route permit and fitness certificate and by a driver not holding a valid driving license? OPR

4. Relief?

6. On evaluation of the evidence, which the Claimants and the Insurance Company produced in the Claim Petitions, to project their respective Claims, and Defence, the Tribunal, decided issue Nos.1 & 2 in favour of the Claimants and issue No.3 against the appellant- Insurance Company allowing the Claim Petitions and sanctioning an amount of Rs 10,19,520/- in favour of the Claimants in Claim Petition No. 45; Rs 1.53 Lac in Claim Petition No. 46; Rs 3,09,896/- in Claim Petition No. 154; Rs 4,83,800/- in Claim Petition No. 73; Rs. 2,25,000/- in Claim Petition No. 269/- and Rs 2,45,105/- in Claim Petition No. 892.

7. Questioning the Awards of the Motor Accidents Claims Tribunal, Jammu, made on December 23, 2005, in the above mentioned Claim Petitions, the Insurance Company has approached this Court by its CIMA Nos. 84 to 89/2006 seeking setting aside of the

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