JUDGMENT : - Mansoor Ahmad Mir, Chief Justice (oral) Challenge in this appeal is to the award dated 1st January, 2009 passed by the Motor Accident Claims Tribunal, Hamirpur, H.P. in MAC Petition No. 23 of 2008, titled Shashibala & others vs. National Insurance Company Ltd., whereby and whereunder the compensation to the tune of Rs.4,05,500/- with 7.5% per annum came to be awarded in favour of the claimants against the insurer-appellant-Insurance Company (for short “the impugned award”) on the grounds taken in the memo of appeal. 2. The main argument raised by learned counsel for the appellant is that the owner of the offending vehicle, i.e., Scooter No. HP-22A-4207 is Shashibala, claimant No.1. Thus, claim petition is not maintainable. 3. Shashibala-claimant No.1 was wife of deceased Rakesh Kumar, who died in an accident while driving the said Scooter at Haled, near Bharoli, Tehsil Dehra, District Kangra on 29th December, 2007 at about 3.45 PM on National Highway when an sustained injuries and later on succumbed to the same. 4. The widow of deceased Rakesh Kumar and his sons, namely, Chandan Verma and Anmol Verma, his parents i.e. father and mother, namely, Dhhani Ram and Satya Devi filed a claim petition before the Tribunal below and sought compensation. 5. The insurer-appellant filed reply. 6. The Tribunal framed the following issues:- 1. Whether the petitioners/claimants are entitled to compensation under the M.V. Act, 1988 as alleged, if so, to what amount? OPP 2. Whether the petition is not maintainable? OPR 3. Whether the petitioners are estopped from filing the present petition as alleged? OPR 4. Whether the deceased was not having a valid and effective driving licence to drive the scooter at the relevant time, if so, its effect? OPR 5. Whether the petition is bad for non-joinder and mis-joinder of necessary parties as alleged? OPR 6. Relief. 7. The parties led evidence. The learned Tribunal after scanning the evidence held that the claimants are entitled to compensation to the tune of Rs.4,05,500/-. 8. Learned counsel for the appellant-insurer argued that the Insurance Company was not liable to pay the compensation for the reason that the insured was not party and the insured has claimed compensation as one of the dependents. The learned Tribunal after scanning the evidence held that the claimants are entitled to compensation to the tune of Rs.4,05,500/-. 8. Learned counsel for the appellant-insurer argued that the Insurance Company was not liable to pay the compensation for the reason that the insured was not party and the insured has claimed compensation as one of the dependents. The argument of learned counsel for the appellant, though attractive, is devoid of any force, for the following reasons: that the claimants have lost source of dependency because of untimely death of deceased Rakesh Kumar rendered them hapless and helpless. 9. The wife of the deceased is not only the claimant, but the reason that they have lost source of dependency. The wife has not only lost source of dependency but has also lost matrimonial home. She is living as a widow and is facing difficulties and has to face the same throughout her life, till her death. 10. In order to remove the legal defect, I deem it proper to exercise my power in terms of Order 1 Rule 10 and Order 41 of the Code of Civil Procedure read with Section 168 of the Motor Vehicles Act read with Rules to transpose claimant No.1 i.e. Shashibala as respondent in the appeal as well as in the claim petition. She is arrayed as respondent No.2 as insured in appeal and in the claim petition. Registry to make necessary corrections. 11. Admittedly, the accident has taken place by use of vehicle. The vehicle was insured and the insurer is liable to pay the compensation. 12. I deem it proper to record herein that learned counsel for the appellant has not questioned the impugned award on any other ground except on the ground that the claim petition was filed only against the insurer and insured as claimant has claimed compensation. 13. Chandan Verma and Anmol Verma being minor had filed claim petition through their mother Smt. Shahsibal. They have now attained the majority. Registry is directed to carry out necessary corrections in the cause title of the appeal. 14. It is beaten law of land that awarding of compensation is just to ameliorate the sufferings of the victims of vehicular accidents and to help the victims as early as possible, who are hapless and helpless, in order to save them from social evils. Registry is directed to carry out necessary corrections in the cause title of the appeal. 14. It is beaten law of land that awarding of compensation is just to ameliorate the sufferings of the victims of vehicular accidents and to help the victims as early as possible, who are hapless and helpless, in order to save them from social evils. The procedural wrangles and tangles and other technicalities have no role to play appeal and claimant No. 1, i.e., wife stands transposed as respondent No.2. Thus, the sons-claimants are held entitled to entire awarded amount payable to them in equal shares. Fifty percent is to be deposited in scheduled bank for a period of 5 years in the names of sons, namely, Chandan Verma and Anmol Verma in equal shares by FDRs and rest fifty percent is ordered to be released in their favour by the Registry through payee’s cheque account, after proper identification. 16. Having said so, the impugned award is modified, as indicated above and the appeal is dismissed. The file be send down alongwith the copy of this judgment.