JUDGMENT :

SUDEEPTI SHARMA, J.

FAO-4764-2017 (O&M)

1. The present appeal has been preferred against the award dated 06.04.2017 passed by the learned Motor Accident Claims Tribunal, (District Judge), Mohali (for short, 'the Tribunal’) in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, on the ground of negligence and quantum of compensation to be on higher side, as the appellant/insurance company was held liable to pay the compensation to claimant/respondent No. 1 and 2.

XOBJC-88-2019

2. The present cross-objection has been preferred by cross- objector/claimant (respondent No. 1 herein) against the award dated 06.04.2017 passed by the learned Motor Accident Claims Tribunal, (District Judge), Mohali (for short, 'the Tribunal’) 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-objector/claimants to the tune of Rs.25,30,00/- along with interest @ 6% per annum on account of death of Brahamroop Singh in a Motor Vehicular Accident, occurred on 17.12.2015.

3. Since the appeal filed by the Insurance Company and the cross- objections filed by the claimants/cross-objector are arising out of the same award dated 06.04.2017 passed by the learned Tribunal, therefore, FAO-4764-2017 and XOBJC-88-2019 are decided vide this common judgment.

FACTS NOT IN DISPUTE

4. Brief facts of the case are that on 17.12.2015, Brahamroop Singh, alongwith respondent no.1 was going to Mohali from his house, on motorcycle bearing registration no. PB65-AC-7613, driven by respondent no.1. Brahamroop Singh was sitting as pillion rider on the said motorcycle. The said motorcycle was driven by respondent no.1, at a high speed and in a rash and negligent manner. At about 8:30 am, when they reached near bassan wali chungi, on kharar to Mohali road, then respondent no.1, while driving the motorcycle rashly and negligently and at a very high speed, without caring about the safety of the pillion rider, applied the brakes of the motorcycle, all of a sudden, as a result whereof, Brahamroop Singh had fallen down on the road and sustained serious injuries, including serious head injury. Many people gathered at the spot and Brahamroop Singh was taken to Civil Hospital, Phase-6, Mohali, from where, he was referred to PGI, Chandigarh, for treatment. Thereafter, he was taken to Mayo Hospital, Sector 69, Mohali, for better treatment, but he could not survive and succumbed to the injuries.

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 Brahamroop Singh died in a motor vehicular accident which took place on 17.12.2015 on account of rash and negligent driving of the Motorcycle bearing registration No. PB-65AC-7613 driven by respondent No.1 Lakhvir Singh ?OPP

2. If issue No. 1 is proved, whether the claimants are entitled to receive the compensation, if so, to what extent and from which the respondent? OPP

(3) Whether the claim petition is not maintainable in the present form? OPR.

(4) Whether the respondent No.1 Lakhvir Singh was not having valid and effective driving licence at the time of accident, if so, its effect?OPR.

(5) Relief.”

7. After taking into consideration the pleadings and the evidence on record, the learned Tribunal has awarded compensation to the tune of Rs.25,30,00/- along with interest @ 6% per annum on account of death of Brahamroop Singh and the appellant-Insurance Company was held liable to pay the compensation jointly and severally. 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 impugned award passed by the learned Tribunal is legally unsustainable and liable to be set aside. He further argues that the learned Tribunal has erred in holding that the accident occu