Judgment :

All these four appeals have arisen out of a common award dated 10th March 2020 passed by the Motor Accident Claim Tribunal, Srinagar, whereby the Insurance Company has been directed to pay the compensation in favour of the claimants in the two claim petitions and further liberty has been granted to the Insurance Company to recover the same from the owner of the vehicle. In petition titled “Abdul Ahad Bhat and others Versus Bajaj Allianz General Insurance Company Limited & Anr”, a sum of Rs. 6,50,000/ has been awarded in favour of claimants, whereas in petition, titled, “Mohammad Ramzan Dar and others Versus Bajaj Allianz General Insurance Company Limited. & Anr”, sum of Rs. 12,04,000/ has been awarded in favour of claimants.

2. Mac App. No.38/2020 and Mac App. No.37/2020 have been filed by the Appellant-Insurance Company, primarily on the ground that the owner was liable to pay compensation and the liability could not have been fastened upon the Appellant-Insurance Company as the Tribunal had held that both the deceased persons, namely, Abdul Hamid Dar and Mohsin Bhat, were travelling as gratuitous passengers.

3. Other two appeals i.e. Mac App. No.61/2020 and Mac App. No.63