- (1.) Since both these appeals arise out of a common judgment and award dated 23-3-2006 passed by MACT, Ajmer, hence the arguments have been heard and both the aforesaid appeals are being decided by this common judgment.
(2.) Brief facts of the case are that on 22-5-1993 at about 9-10 a.m. in the morning, when the deceased-Chandra Prakash alias Pankaj along with a pillion rider Shri Kailash Narain (another deceased in the said accident) was going on the Moped Hero Puck towards Anaj Mandi, suddenly a Mini Truck No. RJ-01/0241 came in rash and negligent manner and hit the vehicle, as a result of which both the aforesaid persons sustained injuries and ultimate died. Two claim petitions were filed before the Tribunal claiming different amount of compensations on account of death of Chandra Prakash alias Pankaj and Kailash Narayan Sharma.
(3.) Thereafter the summons were issued to the respondents and even after service of summons, no written statement of defence was filed on behalf of respondent Nos. 2 and 3. On 27-11-2004, in the interest of justice, an opportunity was granted to them to file the written statement of defence, on cost also, but they failed to do so and resultantly on 30-11-2004, the opportunity to file the written statement of defence was closed. The claimants submitted the oral as well as document evidence in support of their claim, but no evidence was adduced by the non-claimant Nos. 2 and 3. After hearing the arguments of both the sides, the learned Tribunal passed the impugned judgment and award dated 23-3-2006, awarding Rs. 2,80,400/- in Claim Petition No. 110/2005 (443/2003) on account of death of Chandra Prakash alias Pankaj and Rs. 8,61,000/- in Claim Petition No. 110/2005 (94/2004) on account of death of Kailash Narayan Sharma.;