JUDGEMENT

1. The present appeal has been preferred against the Award/Judgment dated 20.06.2020 (hereinafter called 'award' for brevity) passed by the Learned Presiding Officer, Motor Accidents Claims Tribunal Jammu (hereinafter called 'Tribunal' for Short), in file No. 14064 titled Reeta Devi & Ors. Vs. Oriental Insurance Company Limited & Ors.

2. Factual background of the case is that on 25.01.2015, one Yash Pal S/o Daya Ram R/o Bassi Khurd Samba (hereinafter called 'deceased') was travelling in Tractor bearing Registration No. JK- 21/1582 as Labour/Cleaner, driven by respondent No. 3, from Bari Brahamana towards Vijaypur in a very rash and negligent manner and at a very high speed who could not control the vehicle which on reaching at Suwankha More hit with the divider of the road; that the deceased fell down, came under the vehicle and received multiple injuries on whole of his body. The deceased was brought to Govt. Medical College Hospital Jammu, where he died at night on the same day. The said accident was alleged to have been caused by the negligence of the respondent No. 3 who was driving the offending Vehicle in a very rash and negligent manner and at a very high speed.

3. Since the offending vehicle owned by respondent Daya Ram, driven by respondent Tulsi Ram was insured with the appellant insurance company, as on date of accident, wife Reeta Devi, minor daughter Purvi Devi and mother Satya Devi of the deceased filed a claim petition seeking compensation in terms of Motor Vehicle Act before the Tribunal.

4. Respondent insurer filed objections whereas respondents-owner and driver, despite service of notices and appearance through their counsel, absented from the proceedings and were proceeded ex-parte. The offending vehicle was admittedly insured with the insurance Company vide insurance Policy No. 262202/31/2015/1182 w.e.f. June 13, 2014 to Mid Night of June, 12, 2015.

5. Appellant Insurer raised questions about the maintainability of the petition contending that the deceased and the owner of the offending Vehicle i.e. "Mahindra Tractor" are son and father, the question of their being relationship of employer and employee between them did not arise at all and sought exemption from indemnification that since the deceased was travelling on the mudguard of the offending vehicle therefore, appellant-Insurance Company was not liable at all.

6. The learned Tribunal for the trial of the claim petition, framed the following issues:-

i. Whether an accident took place on 25.01.2015 at Swankha Morh, Samba, involving Offending Vehicle bearing Registration No. JK 21-1582 as a result of which the deceased Yashpal received fatal injuries? ...OPP

ii. In case issue No.1 is proved in affirmative, whether petitioners are entitled to compensation? If so, to what amount and from whom?

....OPP

iii. Whether there was any violation of terms and conditions of Insurance Policy with respect to Vehicle No. JK 21-1582 on the date of occurrence, if yes, what is its effect?

...OPRI

iv. Relief?

7. Learned Tribunal after appreciating the evidence on record passed Award/Judgment dated June, 20, 2020 holding that the respondents No. 1 to 3/Claimants are entitled to compensation for an amount of Rs. 11,85,200/- alongwith interest @ 7.5% P.A from the date of filing of the claim petition till its realization, payable by appellant-insurer.

8. The Appellant-insurer has challenged the impugned award passed by the Tribunal on many grounds, however, learned counsel for the appellant while making submissions at the bar has restricted his plea only to the extent of a legal point that the deceased who was son of the respondent-insured being owner of the vehicle cannot be said to be under his employment, as such, the relationship of an employer and the employee or being engaged as labour by the owner or driver of the offending vehicle cannot be accepted, as such, in view of the death of the deceased the claimants could not file the claim petition for compensation under the Mo