The main legal point established in the judgment is the admissibility of claim petitions without impleading the legal heirs of the deceased insured, as provided under Section 155 of the Motor Vehicles Act, 1988.

JUDGEMENT

1. By this common judgment/order, the afore-titled six connected appeals arising out of a common award dated 24.12.2020, passed by the Motor Accident Claims Tribunal, Jammu (hereinafter referred to as the 'Tribunal') are proposed to be disposed of.

2. It appears that deceased Malkiyat Singh, Shanker Singh, Balwant Raj and injured Om Parkash, Anuradha and Sunil Kumar were travelling in a Eco Car bearing No. JK-11-A/4856 from Badkot Uttar Kashi towards Jammu. On 26.02.2015, at about 11 pm, when the vehicle in question reached Hathyari, Uttrakhand, it suffered an accident as a result of which it fell into a deep gorge. Due to the said accident, the deceased as well as the injured above named, who were travelling in the vehicle in question, suffered grievous injuries which led to the death of the deceased and permanent disablement of the injured. The accident also resulted in death of the owner cum driver of the vehicle in question.

3. The legal heirs/dependents of the deceased as also the injured filed as many as six different claim petitions before the Tribunal claiming compensation from the appellant-Insurance Company and the owner of the offending vehicle. During pendency of the said claim petitions, the name of owner was deleted from the array of parties as he had died in the same accident which was subject matter of the claim petitions.

4. The claim petitions were contested by the appellant-Insurance Company by filing reply thereto. In its reply, it was contended by the appellant-Insurance Company that the driver of the vehicle in question was not holding a valid and effective driving licence at the relevant time and even the documents of the vehicle were not valid. Although the accident was not specifically denied by the appellant-Insurance Company, but it was pleaded that the claimants should be put to strict proof with regard to the alleged occurrence. The appellant-Insurance Company, inter alia, sought to take up all defences available to it under the policy of insurance as also those defences that are available to the owner in terms of Section 170 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988'). In fact, an application under section 170 of the Act was also made by the appellant-Insurance Company before the Tribunal. Having regard to the manner in which the appellant-Insurance Company was allowed to cross-examine the witnesses on the aspect relating to quantum of compensation, it appears that the appellant-Insurance company was permitted to plead and take up all defences as are available to an owner of the insured vehicle.

5. On the basis of pleadings of the parties, the following issues came to be framed by the Tribunal:

"(i) Whether an accident took place on 26.02.2015, at Hathyari, Bhadwala, Juddo Road District Dehradoon involving offending vehicle bearing registration No. JK11-A/4856 as a result of which deceased Malkiyat Singh, Shanker Singh and Balwant Raj suffered fatal injuries and petitioners namely Om Parkash, Anuradha and Sunil Kumar received grievous injuries ?OPP

(ii) If issue No. 1 is proved in affirmative, whether petitioner is entitled to compensation? If so, to what amount and from whom?

(iii) Whether there was any violation of terms and conditions of insurance policy with respect to the vehicle No. JK11- A/4856 on the date of occurrence, if yes, what is its effect?"

6. The claimants led evidence in support of their case, whereas no evidence was led by the appellant-Insurance Company before the Tribunal.

7. The Tribunal vide the impugned award held that the accident had occurred due to rashness and negligence of the deceased driver. So far as the violation of terms of the policy of insurance is concerned, the same was not proved because no evidence was led by the appellant-Insurance Company before the Tribunal. The Tribunal awarded a sum of Rs. 8,06,400/-as compensation in favour of claimant Om Parkash who had suffered injuries due to the accident, a sum of Rs. 6,56,000/- was awarded as co