JUDGMENT :

Yashvir Singh Rathor, J.

1. The afore-said appeals have been instituted against the common award dated 30.04.2005 passed by MACT, Sangrur vide which claimants had sought compensation on account of death of Shamsher Singh, Joga Singh, Gurmukh Singh and injuries suffered by claimants Sewa Singh, Gurtej Singh and damage suffered by truck No.PB-13-2133 owned by M/s Super Pipes, Bhawanigarh in a motor vehicular accident which took place on 24.01.2000. Since all the appeals have arisen against the common award, the same are being decided together by way of this judgment.

2. Case of the claimants is that on 24.01.2000, Joga Singh (since deceased) while driving truck No.PB-13-2133 owned by M/s Super Pipes, Bhawanigarh, was coming from Nabha to Bhawanigarh. Sewa Singh (injured), Gurmukh Singh (since deceased), Shamsher (since deceased) and Gurtej Singh (injured) were also sitting in the said truck in which iron material was loaded. The truck was being driven at a very normal speed after following traffic rules and when it reached near M/s Shankar Rice Nils, Vllage Aloarkh, truck bearing No.PB-12B-1277 came from the side of Bhawanigarh which was being driven by respondent No.1 – Amrik Singh at a high speed and in the rash and negligent manner and he hit the truck into the truck being driven by Joga Singh, as a result of which, the ill-fated truck fell into a canal. Three occupants of the truck, namely, Joga Singh, Shamsher Singh and Gurmukh Singh died at the spot while Gurtej Singh and Sewa Singh suffered multiple injuries and the truck was badly damaged. The claim petitions were filed for grant of compensation on account of death of Joga Singh- driver, Gurmukh Singh and Shamsher Singh and injuries suffered by Gurtej Singh and Sewa Singh and damage caused to the truck. It is also submitted that respondent No.1 was the driver, respondent No.2 was the owner of the offending vehicle which was insured with respondent No.3 and all the respondents are jointly and severally liable to pay compensation.

3. Respondent No.1 in his written statement alleged that accident in question took place due to rash and negligent driving by the driver of truck No.PB-13-2133 and he was not negligent at all while driving truck No.PB-12B- 1277. The driver of the ill-fated truck was driving it in a zig zag manner and when truck of respondent No.1 took a turn on its correct side, the entire front portion of the truck passed through truck No.PB-13-2133 but since driver of truck No.PB-13-2133 could not control the truck which was loaded with iron material, the driver side of the truck struck against the left rear rim of the tyre of the truck of respondent No.1 which went out of control and fell into the canal and iron pipes pierced the wooden body and hit the occupants of the truck resulting in death of three persons and injuries to two persons.

4. Respondent No.3 in its written statement has also refuted the contents of the claim petition and sought the dismissal of the same.

5. Following issues were separately framed in claim petitions titled as “Gurtej Singh Vs. Amrik Singh". "Sewa Singh Vs. Amrik Singh”, Jeet Kaur Vs. Amrik Singh" and “Manjit Kaur Vs. Amrik Singh", "Jaswant Kaur Vs. Amrik Singh" and "M/s Super Pipes Vs. Amrik Singh":-

“1. Whether the claimant suffered injuries in an accident taking place on 24.1.2000 due to rash and negligent driving of respondent no.1? OPP

2. If issue no.1 is proved, to what amount and from whom the claimant is entitled to compensation? OPP

3. Whether respondent no.1 was not holding the valid driving licence? OPR

4 Whether the vehicle in question was not holding the fitness certificate for plying on the road? OPR

5. Relief.

6. Thereafter, it came to the notice of the Tribunal that Issue No.1 in claim petitions titled as "Jeet Kaur Vs Amrik Singh” and “Manjit Kaur Vs Amrik Singh" had been wrongly framed and Issue No.1 in both the claim petitions was reframed as under:-

"Jeet Kaur Vs Amrik Singh”

1. Whether Shamsher Singh died in an