MAHESH CHAND SHARMA, J. - (1.) SINCE these Misc. appeals relate to award dated 18th August, 1998 passed by Judge, Motor Accident Claims Tribunal Kotputili, District Jaipur in MACT Cases Nos. 25/92, 26/92, 18/92, and 548/93, they are being disposed by this common judgment.
(2.) THE facts have been set out in the impugned award and hence I am not repeating the same here except wherever necessary. The facts in brief are that on 1st March, 1990 deceased Shyamaprasad Kanodiya, Sajjan Kumar Kanodiya, Smt. Savitri Kanodiya and Smt. Bhagwati were travelling in Car No. BSF 5620 from Jaipur to Delhi alongwith some other persons when the Truck bearing No. HYDW 816 being driven rash and negligent by Rajkumar driver hit the car by coming in wrong direction due to which deceased Shyamprasad Kanodiya, Smt. Savitri Kanodiya, Sajjan Kumar Kanodiya and Smt. Bhagwati died. Rajkumar, driver who is respondent herein was working under the employment of M/s. Royal Transport of India, respondent No. 2 herein who owned the truck which was insured with the respondent No. 3 New India Insurance Company at the time of accident. A challenge under Section 304 -A I.P.C. was also filed against the truck driver in the competent Court.
(3.) THE respondents 1 and 2, driver and owner did not appear in spite of service of notices upon them and as such ex -parte proceedings were drawn against them. The New India Insurance Company Ltd., filed its reply in which it denied that the accident occurred due to rash and negligent driving of the truck. The MACT on the basis of pleadings of the parties framed as many as 5 issues including relief. The issue No. 3 was to the effect that as to how much compensation is to be given to the claimants of the deceased. In all four claim petitions were filed and all these claim petitions were clubbed together and common award was passed by the MACT. Pawan Kanodiya was examined as AW -1, Smt. Padma Devi as AW -2, Vijay Kumar as AW -3, Ramu as AW -4 Bhojraj as AW -5 and Smt. Dropadi Devi as AW -6 on behalf of the claimants and certain documentary evidence was got exhibited on their behalf. No evidence was produced on behalf of the opposite parties. The MACT vide its impugned award dated 18th August, 1998 held that the accident occurred due to rash and negligent driving of the driver of the truck who was working under the employment of M/s. Royal Transport of India, owner of the truck. The claimants of deceased Shyama Prasad Kanodiya, Smt. Savitri Kanodiya, Sajjan Kumar Kanodiya and Smt. Bhagwati, filed these four appeals for enhancement of compensation.;