- (1.) Since the aforesaid two appeals have arisen out of the impugned judgment and award dated 22nd July, 1997 rendered by the Motor Accident Claims Tribunal (District Judge, Kota) in Civil Misc. Motor Accident Claim Petition No. 247/1993 and Motor Accident Claim Petition No. 242/1993 and the questions involved relating to law and facts therein are similar, they are being disposed of by this common judgment.
(2.) Background facts, in a nutshell, are as follows: "That on 3rd April, 1993, the deceased Hanuman Prasad came from Itawa to village Dhipri after purchasing some articles relating to his beetle shop. From Dhipri, he boarded one vehicle (Swaraj Majda) bearing registration No. RJ 20 D/0424. It is stated that some more persons namely Ram Karan, Arun Kumar, etc. also boarded along with Hanuman Prasad in that vehicle. The vehicle was coming to Sultanpur. It is alleged that the driver of the aforesaid vehicle was driving the vehicle very rashly and negligently and when it reached Goraji (Morpa) at about 10.15 a.m., it collided with a tree resulting into the injuries to the passengers sitting inside. Hanuman Prasad sustained injuries in his spinal cord and Arun Kumar sustained grievous injury in his left leg. Other passengers also sustained injuries and they were referred to M.B. Hospital, Kota for treatment immediately. It is stated that Hanuman Prasad succumbed to injuries during treatment." Both the dependents of deceased Hanuman Prasad and the insured Arun Kumar filed separate claim petitions, which were tried and adjudicated by the learned Tribunal together and a common judgment dated 22nd July, 1997 was pronounced, which has been impugned by the appellant Insurance Company.
(3.) Heard the learned Counsel for the appellant as also the learned Counsel appearing for the claimant-respondents and the owner of the vehicle and carefully perused the relevant material on record including the impugned judgment.;