R.S. Madan, J. - (1.) By this judgment, I propose to dispose off two appeals bearing F.A.O. No. 4912 of 2006, titled as Ram Kumar and another v. Mohammad Rashid and others and F.A.O. No. 4913 of 2006, titled as Smt. Kamli Devi and another v. Mohammad Rashid and others , which have arisen out of a common award dated 31st March, 2006, passed by the Motor Accident Claims Tribunal, Bhiwani (for short, "the Tribunal").
(2.) Brief facts of the case as emerged from the claim petition are that on 5th April, 2005. Pradeep Kumar was travelling as cleaner on truck No. HR-38-4877, which was driven by Satbir. At about 2 a.m. (mid night), when it reached near speed-breaker, another truck having registration No. U.P.-21 9552, being driven by respondent No. 1 (Mohammad Rashid) rashly, negligently, at a very high speed came from opposite side resulting in head on collusion with that. In the said accident, Pardeep Kumar and Satbir breathed their last.
(3.) This accident was witnessed by driver of another truck. However, respondent No. 1, was alleged to have connived with the police and managed to get a false report recorded by twisting the actual facts.;