MAHESH CHANDRA SHARMA - (1.) SINCE both the misc. appeals arise out of common award, hence same are being decided by this common judgment.
(2.) BOTH these misc. appeals have been filed against the award dated 1.10.2001 passed by the Presiding Officer, Motor Accident Claims Tribunal, Ajmer (for short 'the tribunal') in claim case NO. 1342/99 (125/1996). Brief facts of the case are that on 24.2.1996 Deevkar being the pillion rider sitting on his brother's scooter RJ-01/2M/2686 and going to meet his relatives, near about 8:00 PM at Gangghati one Roadways bus bearing number RJ-14/P-1308 came with rash and negligent manner from Pushkar side, and hit the scooter, by virtue of that Deevakar injured, who was admitted in JLN Hospital, Ajmer, lost the life on 4.2.1996 during the course of treatment.
(3.) FIR was lodged regarding this incident. Thereafter, claimants filed claim petition before the learned Tribunal. Notices were issued. Written statement was filed. Evidence was submitted by both the parties. The issues were framed. Thereafter, the MACT after hearing both the parties passed the impugned award. Hence, this misc. appeal before this Court.;