- (1.) Since both the appeals arise out of common award, the same were heard and are being decided by this common judgment.
(2.) Non-claimants, namely, Haryana Rajya Path Parivahan through General Manager and Another, have preferred both these appeals being aggrieved by common award dated 10.10.2001 of learned Motor Accident Claims Tribunal, Ajmer, in MAC Case No.1561/99 (123/96) filed by Smt. Lali Devi under Section 166 of the Motor Vehicles Act, 1988, and MAC Case No.1562/99 (124/96) filed by Surajbhan under Section 140 of the Motor Vehicles Act (Amendment), 1994, by which learned Tribunal has awarded compensation of Rs.1,00,000/- and Rs.3,00,000/-, for the injuries sustained by them in an accident took place on 07.09.1995 at about 5.45 in the morning, on National Highway No.8 at a distance of about one kilometer away from Gaggal Police Station. It has been prayed that the award may be quashed and set aside.
(3.) Contention of learned counsel for appellants is that there is evidence on the record that the accident was not caused on account of rash and negligent driving of the driver of appellants but it took place due to wrong parking of another truck No.RJ-3117. Even if it is taken that the accident caused by the vehicle of the appellants then also it was due to a mechanical failure and for that the appellants cannot be held liable by any stretch of imagination.;