- (1.) Since two afore-stated appeals and cross objections filed by the National Insurance arise out of and pertaining to one judgment and award dated 16th November, 2004 rendered by the Motor Accident Claims Tribunal, Ajmer, they have been heard together and are being disposed of by this common judgment.
(2.) The appellant-Nena Ram @ Nanu Ram and others have preferred this appeal against the award dated 16th November, 2004 being dissatisfied with the quantum of award and implored to enhance the same.
(3.) Adumbrated in brief the facts of the case are that on 11th September, 2001 at about 1.00PM (During night hours) an accident took place when the driver Bachchan Singh of truck bearing registration No.HR 38-C-4847 drove the truck rashly and negligently at a fast speed and caused an accident with the truck moving in front of him when he endeavoured in order to over-take the said truck bearing registration No.RJ-G-6438. It is alleged that on account of rash and negligent driving of Bachchan Singh, the truck entered forcibly into the said truck No.RJ-14G-6438, resulting into simple and grievous injuries to Nena Ram and the death of Bahadur Singh.;