Rakesh Kumar Garg, J. - (1.) THIS judgment shall dispose of two appeals i.e. FAO Nos. 4679 and 4680 of 2014 as both these appeals have arisen out of one common award passed in two claim petitions filed on behalf of the separate set of claimants in each case which have arisen out of one and the same accident involving the same vehicle.
(2.) ACCORDING to the claimants, in both the petitions on 21.01.2013, Dola Ram @ Dholu @ Raj Kumar along with Dara Singh were going on a motor cycle from village Balsamand towards Dabri. When they reached ahead of Balsamand near POP Factory, they stopped their motor cycle on their left side to answer the call of nature. In the meanwhile, a tractor bearing No. HR -20V/4856 (hereinafter to be referred as 'the offending vehicle') which was being driven by respondent No. 2 in a rash and negligent manner, came from Dabri side and hit into the motor cycle, due to which, both the claimants received injuries on their persons. The claim petitions were resisted by respondents No. 2 and 3 i.e. driver and owner of the offending vehicle by filing a joint written statement by raising various preliminary objections. On merits, it was stated that a false DDR has been lodged against them in collusion with the police only to grab the compensation. It was further averred that offending vehicle was insured with the appellant and dismissal of the claim petitions was sought.
(3.) APPELLANT filed its separate written statement in both the claim petitions raising various preliminary objections stating that the driver was not holding a valid and effective driving licence at the time of accident. On merits, the factum of accident was denied and it was maintained that the offending vehicle was not involved in the accident and a false case has been got registered by the claimants. Remaining averments of the petition were denied and dismissal of both the claim petitions was prayed for.;