Mulkh Raj and Co. vs Tajjan and Others

Amarjeet Chaudhary, J.—This judgment will dispose of FAOs Nos. 225 and 226 of 1985 filed by the owner of the offending vehicle involving common question of law and fact.

The Motor Accident Claims Tribunal, Ferozepur upon two claim petitions filed u/s 110-A of the Motor Vehicles Act had awarded Rs. 57,600/- and Rs. 1,20,000/- to the claimants on account of death of Dittu Singh and Joginder Singh respectively. The liability to pay the compensation was fastened upon the Insurance Company, the driver and the owner of the offending vehicle.

Feeling aggrieved against the award, the owner of the offending vehicle filed the aforesaid two separate appeals.

The challenge to the award is that since the offending vehicle was insured with the Insurance Company, the entire liability to pay the compensation was that of the Insurance Company and the liability to pay compensation has been wrongly fastened on the owner of the offending vehicle.

During the course of arguments, it has been brought to the notice of the Court by the Counsel for the respondents that after the award the claimants had filed Execution Application in which the entire amount of compensation has been paid to the claimants by the Insurance Company in both the cases and nothing remains to be recovered from the appellant.

In this view of the matter, both the abovesaid appeals have become infructuous and are disposed of as such.

No order as to costs.