JUDGMENT :

SUDEEPTI SHARMA J.

1. Since the challenge in all the appeals filed by the owner of Tractor Trolley bearing registration No.PB-12-B-9372 is to award dated 23.01.2008 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Ropar (for short, ‘the Tribunal’), whereby the appellant and respondent-Insurance company were held liable to pay the compensation jointly and severely to the claimants and recovery rights were granted to respondent No.1-Insurance company to recover the compensation from the appellant (owner of the offending vehicle), therefore, all the appeals are decided vide this common judgment.

BRIEF FACTS OF THE CASE

2. Brief facts of the case are that on 16.06.2001, the injured/claimant along with other persons had boarded a tractor trolley bearing registration No.PB-12-B-9372 from Sangrur to village Bhaniara to pay obeisance at the Dera of Baba Piara Singh. When the offending vehicle reached Ropar, the claimant and other accompanying persons alighted from the tractor trolley and proceeded on foot on the Ropar–Nurpur Bedi Road in the form of a religious procession by singing religious songs. Upon reaching near village Garbagha, which is a semi-hilly area, the brakes of the offending vehicle got failed while it was being driven downhill. The offending vehicle, being driven by respondent No. 2 in a rash and negligent manner, went out of control. In an attempt to save himself, driver/respondent No.2 allegedly turned the tractor towards the hillside of the road, where the claimant and other persons were walking along the roadside. As a result, the offending vehicle turned turtle and struck against the claimant and other persons, who sustained multiple grievous injuries, including the claimant(s).

3. Upon notice of the claim petition, all the respondents, except respondent No.2, appeared and contested the claim petition by filing their separate written replies and denied the factum of the accident/compensation.

4. From the pleadings of the parties, learned Tribunal framed the following issues:-

“1. Whether claimant sustained injuries in Motor vehicle accident which was caused by the driver of the tractor trolley No.PB12-B-9372 while driving the same in rash and negligent manner on 16.6.2001 in the area of Garbagha? OPP

2. Whether at the time of the accident, driver of the oftending tractor was not holding valid and effective driving licence? It so, its effect? OPR

3. Whether the claimant is entitled to get any compensation? If so, to what extent and from whom? OPP

4. Whether the claim petition is not maintainable? OPR

5. Relief”

5. In support of their pleadings, both the parties led their respective evidence.

6. After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation to the claimants on account of injuries sustain by them and appellant (owner of the offending vehicle) as well as respondent-Insurance Company were held liable to pay the compensation to the claimants jointly and severely and liberty was granted to respondent No.1-Insurance Company to recover the compensation from the appellant (owner of the offending vehicle). Hence, the present appeal.

SUBMISSIONS OF THE LEARNED COUNSELS FOR THE PARTIES

7. Learned counsel for the appellant contends that learned Tribunal, vide its award dated 23.01.2008, has wrongly granted recovery rights to the Insurance Company. He further contends that the appellant (owner) sold the tractor trolley (offending vehicle) bearing registration No.PB-12-B-9372 to respondent No.2-Manjit Singh and insurance policy of the said vehicle was also valid, therefore, the appellant (owner) has wrongly been made liable to pay the compensation. He, therefore, prays that the present appeal be allowed.

8. Per contra, learned counsel for respondent No.1-Insurance Company contends that recovery rights are rightly granted by learned Tribunal. He further contends that appellant (owner