The judgment establishes the joint and several liability of the driver, owner, and insurer under Section 166 of the Motor Vehicles Act, 1988, and upholds the validity of the driving license and insurance policy.

JUDGMENT

Fateh Deep Singh, J. - The Court of learned Motor Accident Claims Tribunal, Rohtak vide a consolidated Award dated 06.03.2001 disposed off claim petitions bearing No.5 of 2000 titled 'Radhey Shaym & another vs. Sunder Singh & others' and another petition No.6 of 2000 titled 'Maya Devi & another vs. Sunder Singh & others' under Section 166 of the Motor Vehicles Act, 1988 (in short, 'the Act') and as a consequence of the same had allowed both the claim petitions and awarded Rs. 1.00 lakhin petition No.5 of 2000 and Rs. 80,000/- in claim petition No.6 of 2000 along with interest at the rate of 9% per annum from the date of filing of the petitions till realization. The same is subject matter of challenge in these two first appeals against order filed by claimants Radhey Shyam and Maya.

2. Since in both these matters, common questions of law and facts are involved wherein similar evidence has come about necessitates their joint disposal together by way of this common judgment.

3. It is worthwhile to refer here that the initial records stood destroyed in the fire that engulfed the record room of this Court and thus, the present disposal is based on what remnants are available.

4. Heard Mr. Sunil Panwar, Advocate for the claimant/appellants; Mr. D.P. Gupta, Advocate representing respondent No.3/Insurance Company and perused the records.

5. It was on 02.08.1999 Sonu and Monu both deceased along with others were returning from Haridwar being part of the Kabris and had rested on their way when in the early morning on 03.08.1999 a vehicle make Tata 407 bearing registration No.HR-46A-1870 being driven rashly and negligently at a very high speed by respondent No.l Sunder Singh and which vehicle was owned by Suresh Kumar respondent No.2 and insured with United India Insurance Co. Ltd. respondent No.3, struck against the resting pilgrims leading to death ofthese two persons. FIR No.121 dated 03.08.1999 under Sections 279 and 304-A etc. IPC against the driver was registered with Police Station Israna.

6. It is undisputed that deceased Sonu was a student of 8th class while deceased Monu was a student of 6th class and the claim petitions have been preferred by their unfortunate parents being both brothers, seeking compensation for the loss of their lives.

7. Driver and owner did not put in appearance. The insurer in their reply denied the averments for want of knowledge of the accident taking a plea that the insurer was not liable to pay compensation as the offending vehicle was being driven contrary to the terms and conditions of the insurance policy and denied any right of the claimants going to the extent of taking a plea that Sunder Singh driver of the offending vehicle was not having legal, valid and effective driving licence at the time of accident. The Tribunal framed the following issues:-

1. Whether present accident is the outcome of rash and negligent driving of respondent No.l Sunder Singh driver while driving vehicle bearing No.HR-46A/1870, on 3.8.99 at 4.30 a.m. in village Dahar, PS Israna, Distt Panipat in which Sonu and Monu died? OPP

2. If issue No.l is proved in affirmative, to what amount and from whom petitioners are entitled to recover? OPP

3. Whether respondent No.l was holding a valid driving licence on the date of accident? OPR

4. Relief.

8. Claimants examined one of the claimant Radhey Shyam as PW1 while claimant Maya Devi stepped into the witness box as PW2 and examined Naresh an eye-witness of the accident as PW3 proving copy of the FIR Ex.P3, post-mortem reports of Sonu and Monu Ex.Pl and Ex.P2 respectively. On the other hand insurer examined RW1 R.K. Sharma, ADM of the insurance company and Licencing Clerk Zile Singh as RW2 proving insurance policy Ex.Rl and thereafter closed their evidence. It is subsequent thereto, the Awards in question were passed.

9. Appreciating the submissions of the two sides, the accident leading to the unfortunate death of both these young brothers who happen to be students of 6th and 8th class