- (1.) These two misc. appeals have been filed against the common award dated 25th November, 2002 passed by the Judge, Motor Accident Claims Tribunal, Ajmer in Claim Case Nos. 62/2000 and 64/2000 awarding compensation in the amount of Rs. 5,09,000/- to the claimants of deceased Ramdeo and Rs. 5,14,000/- to the claimants of deceased Kalusingh. The facts have been set out in the impugned award and, hence, I am not repeating the same here except wherever necessary.
(2.) Briefly stated the facts of this case are that on 10th February, 2000 deceased Kalu Singh and Ramdeo were going on Moped M-80 RJ 01 4M 5610 towards Sabji Mandi, Ajmer. At 9.45 a.m. Bus No. RJ 17 P 0167 came with speed rashly and negligently and hit the Moped at Mahila ITI College resulting in the death of Ramdeo and Kalu Singh on account of injuries received by them in the accident. Upon this FIR No. 23/2000 was lodged at Police Station, Adarsh Nagar.
(3.) Since the respondent No. 1, who was driver of the bus inspite of giving several opportunities did not appear and contest the claim, the MACT had drawn ex parte proceedings against him. The respondent No. 2 RSRTC filed reply to the claim petition denying the factum of accident. It was stated that the claimants are claiming compensation over and above their earning capacity. The RSRTC also took the objection that it was on account of negligence of the deceased persons that the accident occurred.;