Mahesh Chandra Sharma, J. - (1.) THESE two appeals have been filed against the judgment and award dt. 23.5.2012 passed by MACT (Addl. District & Sessions Judge No. 1), Bayana, District Bharatpur in M.A. Claim No. 79/2007, in which a sum of Rs. 9,73,000 has been awarded to the claimants Smt. Manju and Others with interest @ 6% per annum. One appeal has been filed by non appellant -State of Rajasthan through Police Adhikshak, Ajmer, while second appeal No. 2952/2012 has been filed by claimants Smt. Manju Devi and others for enhancing the amount of award passed by the Tribunal on 23.5.2012. Since both the appeals are arising from the award dt. 23.5.2012, hence they are being decided by this common judgment.
(2.) ON 25.11.2006, Constable Har Lai Singh posted at GRP outpost, Bayana was going for service of summons on one witness Narendra Kumar incase of State vs. Sher Singh. One person named Sunil, who was known to him met Har Lai Singh and accompanied on motor cycle. At about 8.30, the motor -cycle driver crossed one drain and after crossing it, the motor cycle collided with the wall, due to which the motor cycle driver constable Har Lai Singh expired and Sunil also got injury on head and leg and was also fractured. He was carried to the hospital, but the Doctor declared him dead. The legal heirs of the deceased Sunil Kumar filed claim petition before the Tribunal concerned Thereafter the notices were issued, reply was filed on behalf of the State of Rajasthan, issues were framed, evidence was submitted and after considering all the facts and circumstances and due appreciation of the evidence, the Tribunal has passed the award dt. 25.3.2012.
(3.) AGGRIEVED by the award dt. 25.3.2012, this appeal has been preferred by the State for quashing and setting aside the award dt. 23.5.2012;