JUDGMENT :

SUDEEPTI SHARMA, J.

FAO-3140-2012 (O&M)

1. The present appeal has been preferred against award dated 17.02.2012 passed by the learned Motor Accident Claims Tribunal, Hoshiarpur (for short, 'the Tribunal’) in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, wherein, the appellant/insurance company was held liable to pay the compensation, on the ground of liability.

XOBJC-98-CII-2012

2. The present cross-objection has been preferred by cross- objectors/claimants (respondents No.1 to 5 herein) against the award dated 17.02.2012 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Tribunal, for enhancement of compensation, granted to the cross-objectors/claimants to the tune of Rs.9,70,000/- along with interest @ 6% per annum on account of death of Jang Bahadur Singh.

3. Since the appeal filed by the Insurance Company and the cross- objections filed by the claimants/cross-objectors are arising out of the same award dated 17.02.2012 passed by the learned Tribunal, therefore, FAO-3140-2012 and XOBJC-98-2012 are decided vide this common judgment.

BRIEF FACTS OF THE CASE

4. On 5.12.2008, the deceased Jang Bahadur Singh took the loaded truck to Maharashtra. After unloading the goods at Jalgaon, Maharashtra, he was returning to Hoshiarpur alongwith his truck no. PB07L 6455. At about 1.45 PM, Jang Bahadur and the cleaner/driver Iqbal Singh took tea etc. at Ashok Dhaba, Kamalpur. After taking tea, they started with the truck. They had covered a short distance from the dhaba. Meanwhile, one truck came from opposite side, which was being driven by respondent No. l at a high speed and in rash and negligent manner. The driver i.e. respondent no. 1 brought the container truck no HR55H 6877 on the wrong side of the road and struck the same with the truck driven by Jang Bahadur. As a result of accident, Jang Bahadur received serious and multiple injuries. He was taken to MBSH Hospital, Kota Rural, where the doctor declared him as dead. The accident was caused due to rash and negligent driving of con- tainer truck by the driver/respondent no.l. FIR No.160 dated 5.12.2008 u/s 279/304A IPC was registered at police station Marok, District Kota Rural.

5. Upon notice of the claim petition, respondents appeared and admitted the factum of compensation.

6. From the pleadings of the parties, the following issues were framed by the learned Tribunal :-

“1. Whether Jang Bahadur Singh died as the result of injuries suffered by him in an accident which took place on 5.12.2008 in the area of Kamalpura, PS Morak, district Kota Rural, due to rash or negligent driving of truck no.HR55H 6877 by its driver respondent no. I? OPA

2. Whether claimants are the legal heirs dependent upon the earning of deceased Jang Bahadur Singh? OPA

3. Whether the claimants are entitled to receive compensa- tion on account of death of Jang Bahadur Singh In a motor vehicular accident? OPA

4. Whether respondent no.l was not holding valid driving li- cence at the time of accident to drive the offending vehicle? OPR-3

5. Whether petition is bad for non joinder of necessary parties? OPR-3

6. Relief.”

7. After taking into consideration the pleadings and the evidence on record, the learned Tribunal has awarded compensation to the tune of Rs.9,70,000/- along with interest @ 6% per annum on account of death of Jang Bahadur Singh and the appellant-Insurance Company was held liable to pay the compensation. Hence, the Insurance Company filed the present appeal.

SUBMISSIONS OF LEARNED COUNSELS FOR THE PARTIES

8. Learned counsel for the appellant-Insurance Company contends that the driver of the offending vehicle was not holding valid and effective driving licence at the time of the accident and still learned Tribunal has made the appellant-Insurance Company liable to pay the compensation to the claimants/respondent Nos. 1 to 5. He, therefore, prays that the present appeal be allowed.

9. Per contra, learned counsel for the respondent N