- (1.) BOTH these appeals are directed against a common judgment and award dated 03.08.1999 passed by the Motor Accident Claims Tribunal, Rajsamand (for short 'the Tribunal' hereinafter) in Case Nos. 155/1998 and 159/1998, whereby the learned Tribunal has awarded compensation of Rs.45,000/ - and Rs.26,000/ to appellants ­ Bhanwar Lal and Bholi Ram respectively for the injuries sustained by them in an accident took place on 22.01.1992, involving a Truck bearing No. U.A.B. - 9121 insured with the respondent -insurance company.
(2.) SINCE both these appeals are arising out of a common judgment and award, the same have been heard together and are being decided by this common judgment. Brief facts of the case are that on 21.01.1992 at about 2:00 P.M., appellants -Bhanwar Lal, Bholi Ram and one Hera were travelling in the Truck No. U.A.B. -9121, which was being driven by its driver -Chhote Singh rashly and negligently and when the truck reached a curve at Karja Ghati, the driver lost the control over the truck and it overturned, on account of which appellants -Bhanwer Lal, Bholi Ram and Hera Ram sustained injuries on their persons, they were took to the hospital, where Hera Ram succumbed to the injuries, however, appellants - Bhanwar Lal and Bholi Ram sustained simple injuries.
(3.) THE appellants have preferred separate claims for compensation for the injuries sustained by them before the learned Tribunal, while impleading the owner and the insurance company, with which the Truck No.U.A.B. -9121 was insured, as the respondents. The claim was contested by the respondents. The learned Tribunal, on the basis of pleadings of the parties, framed as many as four issues and after appreciating the evidence, the learned Tribunal has held that the accident, in which the appellants sustained injuries, occurred on account of negligence of the driver of the Truck No. U.A.B. -9121 insured with the respondent -insurance company. The learned Tribunal has held the insurance company and the owner of the truck liable jointly and severally to indemnify the damages caused to the claimants.;