JUDGMENT :

YASHVIR SINGH RATHOR, J.

1. Both the aforesaid appeals have been instituted against the award dated 20.10.2004 passed by MACT Karnal (for short “Tribunal”), vide which claim petitions filed by the claimants under Section 166 of Motor Vehicles Act, 1988 for grant of compensation on account of injuries suffered by them in motor vehicular accident have been dismissed.

2. Case of the claimants is that on 25.04.2001 at about 1:00/1:15 pm, they were going towards Sector 7, Karnal, on GT Road on their motorcycle and when they reached near the crossing of Sector 6, motorcycle bearing registration No.HR-05H-5256 (hereinafter referred to as offending vehicle) being driven by respondent No.1 at a fast speed in a rash and negligent manner came from the side of Panipat and hit against the motorcycle of the claimants, which was being driven by claimant-Rajbir at a moderate speed and on the left side of the road. The accident in question took place due to rash and negligent driving on the part of respondent No.1, resulting in injuries to both the claimants. FIR No.123 dated 25.04.2001, Police Station Civil Lines Karnal was registered against respondent No.1, regarding the accident in question.

3. In claim petition No.160/2003 instituted by Karamjit, it has been alleged that he had suffered multiple injuries, including injuries on his jaw and his teeth were broken. He also suffered injuries on his knee and foot. He was treated at Civil Hospital Karnal and thereafter, he is being treated till date and has spent about Rs.30,000/- on his treatment. He was 16 years of age and due to fractures suffered in his jaw and loss of front teeth, he has suffered a lot of pain and sufferings. His face has got dis-figured which is giving an ugly look and he cannot chew his food properly and his marriage prospects have also been diminished. By way of present petition, a sum of Rs.5 lakhs has been claimed as compensation.

4. In claim petition No.159/2003 instituted by Rajbir, it has been alleged that he had suffered multiple grievous injuries including fractures in his left shoulder, left knee and ribs. He was treated at Civil Hospital Karnal and is still under treatment and has spent about Rs.20,000/- on his treatment. Prior to the accident, he was enjoying good health but due to the injuries suffered by him, he has suffered a lot of pain and sufferings and he will not be able to drive any vehicle anymore and has been rendered jobless. By way of present petition, a sum of Rs.5 lakhs has been claimed as compensation.

5. Respondents No.1 and 2 have filed separate written statements in both the claim petitions and have refuted the contents of the same. Allegations with regard to rash and negligent driving on the part of respondent No.1 have been denied. It is further submitted that in both the claim petitions, it has not been disclosed as to which of the claimant was driving motorcycle bearing No.HR05G-7091. The allegations with regard to nature of injuries and amounts spent on treatment have also been refuted to be wrong. It is also submitted that the injuries had not been suffered in an accident and the same appear to have been suffered in some fight or quarrel. It is further submitted that motorcycle owned by respondent No.2 was duly insured with New India Insurance Company, Karnal and Insurance Company is liable to indemnify the insured. Dismissal of the claim petitions was sought.

6. Respondent No.3 in his written statement has taken altogether similar pleas as have been pleaded by respondents No.1 and 2. The petitions have been opposed being not maintainable and that respondent No.1 was not holding a valid and effective driving licence and as such, Insurance Company is not liable to indemnify the insured on account of breach of terms and conditions of the insurance policy. It is further submitted that the driver of motorcycle bearing No.HR05G-7091 had also contributed to the accident, as he was crossing the GT road while offending vehicle was coming fr