MILAP CHANDRA JAIN,J. - (1.) THESE appeals have been filed against the common award of the Motor Accidents Claims Tribunal, Udaipur dated January 24, 1985 by which Rs. 15,200/ - has been awarded as compensation to the claimant -respondent Chandmal in appeal No. 60 of 1985 and Rs. 51,600/ - to the claimant -respondent Nos. 1 to 8 in appeal No. 85 of 1985 which has been given in two claim petitions arising out of the same incident. The facts of the case giving rise to these appeals may be summarised thus.
(2.) ON January 28, 1981, bus No. RJL 9433 proceeded from Tonk to Bahubaliji (Mysore) via Jaipur, Ajmer, Udaipur etc. It was being driven by its owner Uttam Kumar himself. During the night intervening 28th and 29th January, 1981 on the National Highway No. 8 near Village Mohampura, it dashed against the stationary truck No. RSY 6565. As a result thereof, bus passengers Surajmal and his wife Kamla Bai died on the spot and Chandmal and others received injuries. The legal representatives of deceased Surajmal and Kamla Bai filed claim petition No. 146 of 1981 claiming Rs. 3,40,709/ - as compensation and injured Chandmal filed Claim Petition No. 148 of 1981 claiming Rs. 2,77,560/ - as compensation. The bus owner and driver Uttam Kumar admits in his written statement that the accident occurred on the said date and time, his bus No. RJL 9433 collided with the stationary truck No. RSY 6565, the bus was insured with the National Insurance Co. Ltd. and as a result of the accident, Surajmal and Kamla Bai died and Chandmal and others received injuries. He has further averred that he was not driving the bus, it was being driven by Rampal at the relevant time and the remaining allegations of the claim petitions were denied. The National Insurance Co. Ltd. admits in its written statement that the said bus No. RJL 9433 was insured with it at the time of the accident. Similarly, the Oriental Fire and Genl. Ins. Co. Ltd. admits in its written statement that the said truck No. RSY 6565 was insured with it at the time of the accident. The remaining allegations of the claim petitions were either denied or ignorance had been pleaded by both the insurance companies. The case proceeded ex parte against the truck owner Bherulal and truck driver Mangilal. Both the claim petitions were tried together vide order -sheet dated August 2, 1982. After framing necessary issues and recording the evidence of the parties and hearing them, the learned Tribunal passed the common award as said above.
(3.) THE claimants of both the claim petitions have filed cross -objections for the enhancement of the amounts of compensation.;