- (1.) THE Oriental Insurance Company Ltd. has filed SBCMA No. 2049 of 2001 and SBCMA No. 2050 of 2001 against the award dated 30.8.2001 passed by Judge, Motor Accident Claims Tribunal, Jaipur in MACT cases No.1429 of 1995 and 1430 of 1995 whereby the claim petitions filed by the claimants were allowed. In SBCMA No. 2050 of 2001 the claimant filed cross objections for enhancing the compensation. Since the appeals and the cross objections relate to the common award, the same are being disposed by this common order.
(2.) THE facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary. The brief facts of the case are that on 2.10.1995 deceased Ram Babu and Rajender were coming in the Jeep No. RJ 14 C 3615 then a Truck No. DL 1 G 5174 came in rash and negligent manner and dashed against the jeep. In the accident Ram Babu and Rajender died on the spot whereas some other persons sustained injuries. The claimants of Ram Babu and Rajender filed claim petitions. The non-claimants 1, 2 and 5 were proceeded exparte. The names of non-claimant No.4 were deleted from the array of the claim petitions at the request of the claimants. The non-claimant United India Insurance Company filed reply and averred that the Jeep was being used for commercial purposes and also took some other pleas. The non-claimant No.6 insurer of the Truck, the Oriental Insurance Company Ltd. filed reply and averred that insured should prove that driver was having valid driving licence, there was no negligence on the part of the driver of the Truck. The accident has occurred due to the fault of the driver of the Jeep. The MACT framed issues in the case. The claimants and the respondent Insurance company adduced oral and documentary evidence in support of their respective cases.
(3.) IN SBCMA No.2049/2001, the claimants were awarded compensation of Rs. 2,17,000 and interest @ 9% per annum thereon to the claimants. In SBCMA No. 2050 of 2001, the claimant was awarded compensation in the amount of Rs. 1,25,000.00 with interest @ 9 % per annum.;