- (1.) This appeal is directed against the judgment and award dated 03.07.2013 passed by the Motor Accident Claims Tribunal, Deedwana, District Nagaur ('the Tribunal'), whereby, for the death of one Bhagwan Singh, the Tribunal has awarded a sum of Rs. 24,44,532/- alongwith interest @ 6% from the date of filing application for compensation ('the application'). At the outset it is submitted by learned counsel for the respondents that five applications by different claimants were filed in relation to the same accident, which occurred on 06.11.2011 and the Tribunal by the impugned common award has awarded various sums to the claimants in the different applications. The finding recorded by the Tribunal regarding the rash and negligent driving by the driver of the offending vehicle and the liability of the Insurance Company is common for all the cases.
(2.) It is pointed out that in rest of the claim cases, the appellant Insurance Company has not preferred any appeal and, as such, the finding on issue No. 1 relating to rash and negligent driving and issue No. 2 relating to liability of the appellant Insurance Company would, therefore, operate as res judicata.
(3.) Learned counsel for the appellant fairly submitted that appeals have indeed not been preferred against the four other awards.;