FAO No.692 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.692 of 2010 (O&M) Date of decision:7.7.2011 National Insurance Co. Ltd. ...Appellant Versus Santosh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Paul S.Saini, Advocate, for the appellant. Mr.Mukesh Yadav, Advocate, for respondent No.1. Mr.N.S.Sekhawat, Advocate, for respondent Nos. 2 and 3. -.- JITENDRA CHUAHAN, J. CM Nos.3877 to 3880 of 2010 For the reasons mentioned in the applications, the same are allowed. The delay of 19 days in filing the appeal and the delay of 13 days in re-filing the appeal is condoned. Main case This appeal has been filed by the Insurance Company against the impugned award dated 4.9.2009 passed by the Motor Accident Claims Tribunal, Narnaul (for short `the Tribunal'). The only question arises in the present appeal is as to whether the Insurance Company-appellant is to pay the awarded amount or not? FAO No.692 of 2010 and FAO No.1003 of 2009 arising out of FAO No.692 of 2010 (O&M) 2 the same accident but from the impugned awards of two different Tribunals are being disposed of by the single judgment passed in FAO No.1003 of 2009 as common question of law and facts arise in both the appeals. For the reasons recorded in separate judgment of even date passed in FAO No.1003 of 2009 titled as `National Insurance Company Vs. Santosh and others', which shall be read as part of this judgment, arising out of the same accident, the present appeal is also allowed and the impugned award dated 4.9.2009 of the Tribunal is modified to the extent that respondent Nos. 2 and 3, namely, Ram Rattan alias Ram Sharma and Shish Ram, driver and owner, respectively, shall be liable to pay the compensation awarded by the Tribunal jointly and severely. The Insurance Company is absolved of the responsibility to satisfy the award. 7.7.2011 (JITENDRA CHAUHAN) mk JUDGE Note: Whether to be referred to the Reporter? Yes / No