Judgment

The appellant-Insurance Company has challenged the Award passed by the learned Motor Accident Claims Tribunal, Jammu, whereby the respondents-claimants have been awarded compensation to the tune of Rs. 25,78,000/- and Rs. 8,36,000/- along with interest at the rate of 7.5% per annum from the date of filing of the petition till realization of the whole amount in two claim petitions arising out of single accident on the ground that the Tribunal has not awarded the amount as per the evidence brought on record. It is also submitted that the accident was not caused due to the rash and negligent act of the driver of the Tractor Trolley but the accident took place due to the rash and negligent act of the driver of the Ford Figo car in which the deceased were travelling. In any case, it is submitted that the driver of both the vehicles involved in the accident had contributed equally in the accident. In other words, the compensation in case is to be awarded to the claimants the liability has to be in equal proportion against the drivers/owners of both the vehicles. The respondents-claimants have appeared through counsel.

2. The claimants in both the claim petitions have also filed se