M.C.Sharma, J. - (1.) SINCE both the aforesaid two appeals arise out of the judgment and award dt. 15.6.2011 passed by the MACT, Jaipur City, Jaipur, hence the arguments have been heard together and they are being decided by this common judgment. Brief facts of the case are that on 19.4.2006, Ghanshyam, husband of Smt. Hansa Devi was riding on a motor -cycle and going on the correct side of the road from Ramganj Choppaer to Surajpol Gate. At that time, a truck No. RJ -25 -GA -0169 which was being driven rashly and negligently by defendant No. 1 Mohd. Kalam hit the motor cycle from behind, due to which the victim Ghanshyam fell down and sustained serious injuries and succumbed to the same.
(2.) THEREAFTER , First Information Report was lodged. Claim petition was filed. Notices were issued, written statement was filed, issues were framed, evidence was submitted and after hearing the arguments of both the sides, the learned Tribunal has passed the impugned award awarding Rs. 15,75,100/ - in favour of claimant and against the non -claimants. Being aggrieved by the aforesaid award, the claimants have filed the appeal for enhancement of compensation, while Insurance Company has filed the appeal for setting aside the impugned award.
(3.) LEARNED counsel for the Insurance Company has contended that the Tribunal has not considered the evidence of the claimant AW 1 Smt. Hansa Devi, who has stated in her evidence that she was appointed on compassionate ground on the death of her husband and that her fixed salary was Rs. 4850/ -, which would be increased on her becoming regular employee. Learned counsel drew my attention towards the judgment of Hon'ble Supreme -Court in the case of Bhakara Beas Management Board vs. Kanta Aggarwal & Ors., : 2008 ACJ (4) 2372 and contended that in the above stated judgment the Apex Court reduced the compensation amount of Rs. 8,48,106/ - to Rs. 5,00,000/ - in final settlement of claim. Hence the impugned award deserves to be quashed and set -aside.;