JUDGMENT :

Sudeepti Sharma J. (Oral)

1. The case is listed before this Court for referral to the 'Special Mediation Drive-Mediation 'For the Nation' List'.

2. Learned counsel for the parties contend that the matter cannot be referred to Mediation and Conciliation Centre of this Court.

3. In view of above, with the consent of the parties the appeal as well as cross-objection are taken up for hearing today itself.

FAO-149-2001 & XOBJC-29-CII-2002

4. Vide this common judgment, this Court shall dispose of the appeal filed by the Insurance Company as well as cross objections filed by the claimants.

5. The instant appeal has been preferred by the Insurance Company for setting aside the award dated 05.12.2000 passed by the learned Motor Accident Claims Tribunal, Patiala (for short, 'the Tribunal'), whereby the claimants were awarded compensation of Rs.5,80,000/- alongwith interest @ 12% per annum and Insurance company was held liable to pay the compensation. However, the cross objections have also been filed by the claimants-cross objectors for enhancement of the amount of compensation awarded by the Tribunal.

FACTS NOT IN DISPUTE

6. The brief facts of the case as mentioned in the claim petition are that on 21.04.1998 Mukhtiar Singh being driver of bus bearing registration No. PB-11-E-9658 started his journey from Patiala to Gurdaspur and while returning at about 2:50 p.m. when the said bus reached in the area of Batala near Petrol Pump Achal Sahib Gurudwara, P.S. Batala near Misarpur on G.T. Road Jalandhar, in the meantime, a truck bearing registration No.PJP-5791 being driven by respondent No.1 Sewa Sewa Singh in a rash and negligent manner came there and hit against the bus being driven by Mukhtiar Singh. Due to impact of the said hit, the driver side of the bus badly damaged and Mukhtiar Singh virtually sandwiched. The other occupants including the conductor of the bus also sustained injuries.

7. Upon notice of the claim petition, the respondents appeared and filed their separate written replies denying the factum of accident/compensation.

8. From the pleading of the parties, the Tribunal framed the following issues:-

1. Whether respondent No.1 caused the death of Mukhtiar Singh by driving truck No.PJF-5791 negligently? OPP

2. Whether the petitioners are the legal representatives of Mukhtiar Singh deceased? OPP 3. Whether respondent No.1 was holding a valid driving licence at the time of accident. If so to what effect? OPP

4. Whether truck No.PJF-5791 was not having any valid route permit and fitness certificate. If so to what effect ?OPR (respondent No.3)

5. How much compensation the petitioners are entitled to recover and from which of the respondents? OPR

6. Relief.

9. After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation of Rs. 5,80,000/- alongwith interest @ 12% per annum. The respondents were held jointly and severally liable to pay the amount of compensation. Hence, the appellant-Insurance Company filed the present appeal challenging the liability fastened upon it to pay the compensation.

10. At the very outset, it is evident from the report of the Registry that, with respect to service of notice upon respondent no. 6, the driver of the offending vehicle, service has been effected through publication in two newspapers, in accordance with the applicable rules. Insofar as respondent no. 7, the registered owner of the offending vehicle, is concerned, the Registry report indicates that he has left the country.

11. In view of the aforesaid this Court finds it appropriate to proceed ex parte against the said respondents and continue with the adjudication of the matter on merits.

SUBMISSIONS OF THE COUNSELS FOR THE PARTIES

12. Learned counsel for the appellant-Insurance Company contends that the learned Tribunal held that the respondent No.1-driver was not having a valid driving licence at the time of the accident, still the liability has been fixed upon the Insurance Company to pay the am