Sunil Gaur, J. - (1.) C.M.No. 42285/2016 (u/S 151 CPC) in C.M.No.42362/2016 (u/S 151 CPC) in MAC.APP. 948/2016 C.M.No.42365/2016 (u/S 151 CPC) in MAC.APP. 949/2018 C.M.No. 42367/2016 (u/S 151 CPC) in MAC.APP. 950/2016 There is delay of 37 days in filing the accompanying appeals. The reasons stated in the applications provide sufficient cause to condone the delay occasioned. The applications are allowed and delay is condoned. The above captioned four applications are disposed of. C.M.No. 44345/2016 (u/Order 6 Rule 17 CPC) in MAC.APP. 946/2016 By way of this application, name of Smt. Saraswati Devi, mother of deceased, is sought to be added in the Memo of Parties on the plea that due to inadvertence, her name was left out although her name finds mention in the modified Award. Counsel for appellant has handed over certified copy of order of 8th June, 2017 of Motor Accident Claims Tribunal, which reveals that name of Smt. Saraswati Devi, has been added as a party to the claim petition and upon apportionment, part of the compensation amount has been awarded to her. In view of above, the application is allowed and Amended Memo of Parties and Amended Appeal of 23rd November, 2017 filed alongwith this application is taken on record. The application is disposed of. MAC.APP. 946/2016 MAC.APP. 948/2016 MAC.APP. 949/2018 MAC.APP. 950/2016 In the above captioned four appeals, the challenge is to the impugned Award of 4th July, 2016 passed by Motor Accident Claims Tribunal (henceforth referred to as the "Tribunal") pertaining to a vehicular accident which took place on 28th March, 2012. Since these appeals arise out of a common impugned Award, therefore, with the consent of learned counsel for the parties, these appeals have been heard together and are being decided by this common judgment.
(2.) The factual background of this case, as noticed in the impugned Award, is as under:- "The relevant facts for the disposal of these cases are that on 28/03/2012, Umesh Chandra Singh, Smt. Jamuna Pal, Smt. Pushpa Badwal and Sh. Hukam Singh Badwal were travelling in Taxi bearing no. DL-1YC-4700 which was being driven by Sh. Pappu, respondent no.1 in rash and negligent manner. But when they requested Sh. Pappu, respondent no.1 to drive carefully he did not pay any heed and kept on driving the Taxi in rash and negligent manner. When they reached near Mulya Village, Devprayag, Uttranchal, suddenly Respondent no.1/Sh. Pappu, lost control over the said taxi and fell into the gorge and as a result of the accident Sh. Umesh Chandra Singh and Smt. Pushpa Badwal sustained grievous injuries whereas Smt. Jamuna Pal and Sh. Hukam Singh Badwal sustained fatal injuries".
(3.) To render the impugned Award, the Tribunal has relied upon evidence of Injured- Umesh Chandra and Pushpa Badwal and Claimants (legal heirs of deceased Jamuna Pal & Hukam Singh Badwal) and other documentary evidence on record.;