JUDGMENT :

SANJEEV KUMAR, J.

1. This is an appeal against the award dated 13^th August, 2009 passed by the Motor Accident Claims Tribunal, Jammu [“the Tribunal”] in file No.706/Claim titled Vandna Gour alias Vandana Sharma and others v. Oriental Insurance Company Limited and others, whereby the Tribunal has awarded a compensation of Rs.8,12,376/- minus the interim compensation, if any received by respondent Nos.1 to 4, along with interest @ 7.5% per annum and the appellant-Insurance Company along with respondent No.8 -New India Assurance Company have been directed to satisfy the award. The Oriental Insurance Company alone has chosen to file appeal whereas respondent No.8-New India Assurance Company has accepted the award.

2. The is an appeal by the claimants-Vandna Gour and others seeking enhancement of compensation awarded by the Tribunal, in terms of the impugned award dated 13.08.2009 passed in file No.706/Claim titled Vandna Gour alias Vandna Sharma v. Oriental Insurance Limited and others.

3. Having regard to the fact that both these appeals arise out of an award dated 13^th August, 2009, passed in claim petition titled Vandna Gour and others v. Oriental Insurance Company Ltd. and others, as such, are taken up for consideration and disposal together.

Factual Matrix

4. On 01.11.2007, at about 9 am the deceased Anil Kumar, husband of respondent No.1, father of respondent No.2 and son of respondent Nos. 3 and 4 (Claimant) along with few others was travelling in a Maruti Car bearing Registration No.JK02M-0615 from Jammu to Dharmshalla. The deceased along with others met with an accident near Berero Khad near Barian Camp Supwal Tehsil and District Samba, when it was crushed between two offending busses bearing Registration Nos.JK02X-1731 and JK028-7129, which were coming from opposite direction in high speed driven by their drivers in rash and negligent manner. Anil Kumar- who was Husband of respondent No.1, father of respondent No.2 and son of respondent Nos.3 and 4, died on spot.

5. With a view to claiming compensation under the Motor Vehicles Act, 1988 [“the Act”], respondent No.1 to 4 filed a claim petition before the Tribunal seeking a total compensation of Rs.53 lakh along with interest @ 12% p.a. The claim petition was inter alia contested by the appellant-Insurance Company. On the basis of the pleadings of the parties, following issues were framed in all the claim petitions arising out of the accident, including the claim petition under consideration:

“1. Whether an accident occurred on 1.-11-2007 at Barero Khad near Baria Camp Supwal Tehsil and District Samba by involvement of two vehicles No.JK08 7129 and No.JK02X 1731 being driven in the hands of respective drivers in which deceased namely Anil Sharma, Neelam Gupta, N.D.Gupta and Sushil Gupta received fatal injuries? OPP

2. If issue No.1 is proved in affirmative, whether petitioners in each case are entitled to the compensation; if so to what amount and from whom? OPP

3. Whether drivers of both vehicles at the time of accident was not holding valid and effective driving license and drove the vehicles in contravention of terms and conditions of policy of insurance, RC, route permit and fitness? OPR 1 and 5

4. Whether accident has occurred by the contributory negligence by the drivers of both vehicles, if so how and what is its effect? OPR 1 & 5

5. Whether claim petition are bad for misjoinder of parties, if so how? OPR 5

6. Whether on the date of accident vehicle No.JK02X 1731 had been transferred by the erstwhile owner, if so how and what it its effect? OPR 1

7. Relief. O.P. Parties.”

6. With a view to discharge the burden of proof, the respondent No.1- one of the complainants examined herself and PW-Baljeet Singh, an employee of the Forest Protection Force. On the basis of the evidence that was led by the parties including respondent No.1 herein, issue No.1, 3, 4, 5 and 6 have been decided in favour of the claimants and against the Insurance Companies.

7. So far as issue No.2 is con