S.B. Shukre, J. - (1.) BOTH these appeals are directed against the common judgment delivered in Claim Petition No. 11 of 2004 and Claim Petition No. 12 of 2004 on 18th August, 2010 by the Motor Accident Claims Tribunal, Nagpur. These petitions arise out of the same accident in which precious lives of two persons were lost. On 15.11.2003, Geeta and her daughter Saili, the wife and daughter of respondent No. 1, were proceeding on a two -wheeler called Scooty. When they reached a spot near Narendra Nagar Railway Bridge at about 2.00 p.m., one truck bearing registration No. MP -09 -KB -5843 gave a dash to the Scooty, as a result of which, both the rider and pillion rider sustained injuries and died on the spot. Offence for rash and negligent driving of the truck came to be registered against the driver of the said truck with Police Station Ajni. The truck was owned by respondent No. 3 -in First Appeal No. 1104/2013 and respondent No. 2 in First Appeal No. 1105/2013, (hereinafter called M/s. East -West Carriers) and insured with the appellant at the time of accident. As the accident occurred due to rash and negligent driving of the said truck, the respondent No. 1 (in First Appeal No. 1105/2013 and respondent Nos. 1 and 2 (in First Appeal No. 1104/2013) filed two separate petitions, bearing Claim Petition No. 11/2004 and Claim Petition No. 12/2004 claiming compensation for the loss they had suffered on account of death of Saili and Geeta respectively from the appellant and M/s. East -West Carriers. Respondent No. 2 in First Appeal No. 1104 of 2013 is the minor son of respondent No. 1 with deceased Geeta. In Claim Petition No. 11/2004, compensation of Rs. 3,00,000/ - was claimed and in Claim Petition No. 12 of 2004 compensation of Rs. 20,00,000/ - was claimed. Both these petitions were filed under Section 166 of the Motor Vehicles Act, 1988.
(2.) BOTH these petitions proceeded ex parte against the M/s. East -West Carriers, while the appellant contested these petitions by filing its written statement. The appellant admitted the ownership and insurance policy in respect of the truck involved in the accident, but it denied that the accident occurred due to rash and negligent driving of the driver of the truck. It denied its liability to pay any compensation to the respondent Nos. 1 and 2 for the loss they suffered in the accident. After framing several issues and considering the evidence available on record the learned Member allowed both these claim petitions by common judgment and award passed on 18th August, 2010. In Claim Petition No. 11 of 2004 compensation of Rs. 1,50,000/ - was granted while in Claim Petition No. 12 of 2004 compensation of Rs. 15,11,928/ - was granted and in both these petitions liability to pay these amounts was fastened jointly and severally upon the appellant and M/s. East -West Carriers.
(3.) NOT satisfied with the said judgment and award, the appellant -Insurance Company has preferred these present appeals.;