JUDGMENT :

SUDEEPTI SHARMA, J.

1. Since the challenge in the present appeals is on the same grounds, therefore, all the above mentioned appeals are decided, vide this common judgment.

2. The above mentioned four appeals are preferred against award dated 09.07.2025 passed in the claim petitions filed under Sections 166 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Chandigarh (for short, 'the Tribunal'), whereby the appellant-Reliance General Insurance Company was fastened with the entire liability to pay the compensation to the claimants in all the appeals.

FACTS NOT IN DISPUTE

3. The brief facts of the case are that on on 23.10.2018, the deceased persons namely Vipin Kumar 2 Chauhan, Sanjay Kumar, Babu Pellai and Aagosh Gopalan were going to Baddi in a car bearing Registration No. PB-01B-7678 which was being driven by its driver on its correct side at slow speed. At about 6.30 AM. when they reached near Village Kiratpur, meanwhile a truck bearing registration No. HP-64-3785 came from the side of Baddi at a high speed in rash and negligent manner and struck against the car in which the deceased along with other persons were sitting. Due to the accident, all the occupants crushed in the car and sustained serious injuries on their head and other parts of the body. Two persons were died at the spot and remaining were referred to the Civil Hospital, Sector 6. Panchkula where two other persons also died during treatment. The said accident took place due to the rash and negligent driving of the driver of offending vehicle bearing registration No. HP-64-3785 and the deceased was not at fault. Regarding this accident, FIR No. 299 dated 23.10.2018 U/s 279, 337 & 304 A of IPC at Police Station Pinjore was registered against the driver Sh. Dinesh, respondent No. 1 and a criminal case is also pending against the driver of the offending truck before learned Area Magistrate.

4. Upon notice of the claim petition, respondents appeared and denied the factum of compensation.

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

“1. Whether the deceased namely Vipin Kumar Chauhan, Sanjay Kumar, Agosh Gopalan and Babu Pillai died as a result of injuries suffered in a motor vehicular accident which was caused due to rash and negligent driving of Truck Bearing No.HP-64-3785 which was being driven by respondent No.1OPP

2. Whether claimants are entitled for any compensation on account of death? if yes, from whom and to what extent?OPP

3. Whether the driver of the offending vehicle was not holding a valid driving licence at the time of accident and has violated the terms and conditions of the Insurance Policy?If so, its effect? OPR.

4. Relief.”

6. After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation to the claimants. However, the liability to pay compensation was fastened upon the appellant (s)-Insurance Company. Hence the appellant-Insurance Company filed the present appeal seeking that the liability be fastened upon the Insurance Company of car bearing registration No. PB-01-B-7678 to pay the compensation to the claimants.

SUBMISSIONS OF THE COUNSELS

7. Learned counsel for the appellant (s)-Insurance Company contends that the learned Tribunal has wrongly made the appellant (s) liable to pay the compensation to the claimants whereas driver of the car bearing registration No. PB-01-B-7678 namely Tanveer was at fault and thus, the liability to pay the compensation to the claimants should be fixed upon the Insurance Company i.e Universal Sompo General Insurance Company of the car.

8. He further contends that the statement of Tanveer (driver of the car bearing registration No. PB-01-B-7678) is totally ignored by the learned Tribunal wherein he stated that there was a slight curve where the accident took place. Further that 50% liability be fixed upon the Insurance Company i.e Universal Sompo General Insurance Company of the car bearing registration N