JUDGMENT :

SUDEEPTI SHARMA, J .

1. Both the appeals, as noticed above, are being disposed of by this common judgment, having arisen out of the impugned award dated 03.05.2017 passed by the learned Motor Accidents Claim Tribunal, Fatehabad, whereby the claimants were awarded compensation to tune of Rs.14,20,000/- along with interest @7.5% per annum and the Insurance company was held liable to pay the compensation to the claimants.

2. The appeal, i.e. FAO-5944-2017, has been preferred by the appellant- Insurance Company against the Award dated 03.05.2017 passed by the learned Tribunal in the claim petition under Section 166 of the Motor Vehicles Act, 1988, whereby the claim petition filed by the respondent No.1 and 2/claimants was allowed and the appellant-Insurance company was held liable to pay the compensation to respondent No.1 and 2/claimants to the tune of Rs.14,20,000/- along with interest @ 7.5% per annum.

3. The appeal, i.e. FAO-5910-2017, has been preferred by the appellant/claimant against the Award dated 03.05.2017 passed by the learned Tribunal in the claim petition under Section 166 of the Motor Vehicles Act, 1988, for enhancement of compensation, granted to the appellant/claimant to the tune of Rs.14,20,000/- along with interest at the rate of 7.5% per annum, on account of death of Amandeep Singh, occurred on 06.04.2016.

FACTS NOT IN DISPUTE

4. Brief facts of the case as per claim petition are that on 06.04.2016, Amandeep Singh (since deceased) was at Ratia on his motor cycle Bajaj Platina and he met with Satpal Singh son of Guljar Singh, caste Jat, resident of village Bara, Tehsil Ratia, District Fatehabad who was at Ratia on motor cycle plus. They both left for their village Bara on their respective motor cycles and Amandeep Singh (since deceased) was going ahead on his motor cycle and said Satpal was going on the back side of motor cycle of Amandeep Singh. When they reached in between of village Kamana and Ratia, a vehicle Tractor Swaraj with trolley bearing registration No. HR12E/3544 (hereinafter-referred to as the "offending vehicle") driven by its driver Partap Singh (respondent no.1) at a high speed and in a rash and negligent manner was going ahead from the motor cycle of Amandeep Singh and when Amandeep Singh was crossing the tractor trolley in question then driver of the tractor trolley after pressing the side, struck the offending vehicle in the motorcycle of Amandeep Singh. As a result of which, Amandeep Singh along with motor cycle fell down on the road and sustained multiple grievous and serious injuries. The driver of the offending vehicle ran away from the spot along with the offending vehicle. Amandeep Singh was admitted in CHC, Ratia by the passerby where he was declared brought dead. F.I.R No. 218 dated 07.04.2016 under Sections 279/304-A of IPC was registered in Police Station Ratia.

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 the accident in question took place on 06.04.2016 due to rash and negligent driving of offending vehicle Tractor Swaraj with trolley, bearing registration No. HR-12E/3544 by its driver-respondent no.1 in which Amandeep Singh expired, if so its effect? OPP.

2. If issue no.1 is proved in affirmative, whether the petitioners are entitled to compensation, how much and from whom? OPP..

3. Whether the driver of the offending vehicle was not holding a valid and effective driving licence at the time of accident? OPR3.

4. Whether the offending vehicle was being driven by respondent no.1 in violation of terms and conditions of insurance policy? OPR-3.

5. Relief.”

7. After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation to the claimants. However, the appellant-Insurance Company was held liable to pay the compensation. Hence, the Insurance Company preferred appeal bearing