Legal representatives are entitled to file claim petitions and receive compensation under the Motor Vehicles Act.

JUDGMENT

Lisa Gill, J. - This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.

2. This order shall dispose of FAO Nos. 2837 and 2831 of 2020.

3. Both the appeals, i.e. FAO Nos. 2837 and 2831 of 2020 are taken up for hearing and decision together as they emanate from claim petitions arising out of the accident which took place on 04.02.2014 in which Shri Ram and his wife Suman Jakhar passed away, though the petitions have been decided by the learned Motor Accident Claims Tribunal, Fazilka (hereinafter referred to 'the Tribunal1) vide separate awards of even date i.e. 11.10.2019.

4. Claim petitions under Section 166 of the Motor Vehicles Act were filed by the claimants - respondents i.e. major son and married daughter of the deceased with averments that their parents, Shri Ram and Suman Devi along withRavinder Jakhar and Anu wife of Ravinder Jakhar were proceeding to Jaipur in a car bearing registration No. HR-26BC-2084. They were going from village Panj Kosi to Jaipur to attend a marriage. At about 9.00 a.m., when they reached ahead of village Baramaar Rajasthan, truck bearing registration No. RJ-31GA-5385 driven by respondent - Bhanwar Lal came from the opposite side. Being driven in a rash and negligent manner, it collided with the car, in which the deceased were travelling. Shri Ram @ Rajinder Jakhar (father of claimants), Ravinder Jakhar and his Anu succumbed to injuries and died at spot while Suman Devi (mother of claimants) was admitted at Civil Hospital, Rawatsar, thereafter referred to Hanumangarh. However, she succumbed to her injuries on the way to Hanumangarh. The accident was witnessed by Sunil son of Prithivi, who was driving car bearing registration No. PB-22H-5667. Due to impact of collision, the car in which the deceased were travelling was thrown over car bearing No. PB-22H-5667, driven by Sunil son of Prithvi. Car driven by Sunil was behind the car of the deceased and it was being driven at a moderate speed with proper distance being maintained. FIR No. 80 dated 04.02.2014 was registered against the respondent - driver. Claim petitions were contested by the respondents.

5. Following issues were framed by the learned Tribunal on the basis of the pleadings:-

1. Whether claimants/petitioners are entitled to recover compensation from the respondents, if so at what rate? OPC

2. If issue No. 1 is proved, whether claimants are entitled to interest, if so at what rate? OPC

3. Whether the present claim petition is not maintainable? OPR

4. Whether the claimants have no locus standi or cause of action to file the present petition? OPR

5. Whether the present claim petition is bad for non-joinder and mis-joinder of the parties? OPR

6. Whether the present claim petition is time barred? OPR

7. Whether the respondent No. 1 was holding valid licence?OPR-l

8. Whether Truck bearing No. RJ-31GA-5385 was insured with respondent no. 17OPR-1

9. Whether the aforesaid truck was having route permit? OPR-l

10.Relief.

6. Learned Tribunal after considering the evidence on record concluded that the accident in question took place due to rash and negligent driving of the offending truck by its driver.

7. In MACP Case RBT No. 8 of 03.01.2017/03.01.2019, deceased Ram @ Rajinder was accepted to be 54 years old. Though he was claimed to be an agriculturist earning Rs.30 lakhs per month, learned Tribunal considered him to be self-employed person and income was assessed while considering him to be a daily wager. Accordingly, his income was assessed as Rs.9000/- per month and learned Tribunal awarded a sum of Rs.9,42,000/- with interest at the rate of 9% per annum from the date of filing of the claim petition till date of actual realisation of the award. Deduction of l/3rd was effected. Multiplier of 11 was applied as the deceased was 54 years old at that time. Additionally, a sum of Rs. 50,000/- on account of funeral expenses and costs of litigation was awarded besides a sum of Rs. 1,00,000/- for loss of l