Nirmaljit Kaur, J. - (1.) BOTH the appeals shall stand disposed by this common order as they arise out of the same award.
(2.) FOR convenience of the Court, facts of S.B. Civil Misc. Appeal No. 4313/2011 are taken into consideration. This is an appeal under Section 173 of the Motor Vehicles Act against the judgment and award dated 02.07.2011 passed by the Judge Motor Accident Claims Tribunal (I), Jodhpur in Claim Case Nos. 418/2008 and 419/2008.
(3.) WHILE praying for setting aside the award, the only argument raised by the learned counsel for the appellant is that the driver of the offending vehicle did not have valid and effective license. The appellants had duly raised their defence but the tribunal did not give any finding qua the driving license, even though charge -sheet was filed for contravention of the M.V. Act, 1988 regarding driving license.;