- (1.) THESE two civil misc. appeal have been filed by the appellant -claimants under Section 173 of the Motor Vehicles Act for enhancement of the impugned award dated 29.7.2006 passed by the MACT, Chomu District, Jaipur, in claim case No.82/2005 & 47/2005, whereby the Tribunal has awarded a sum of Rs.2,76,000/ - as compensation in favour of the claimant -appellants Mukti Lal & Anr. on account of death of their son Vijay Kumar and Rs.7,84,460/ - in favour of injured claimant Mahesh Kumar.
(2.) BOTH the appeals arise out of the same incident, therefore, they were heard together and are being decided by this common order. The brief facts as emerging on the face of record are that four claim petitions came to be filed before the Tribunal regarding same incident/accident by different claimants. The learned Tribunal heard all the matters together and decided the same by a common order. The present claimant -appellants filed claim petition No.82/2005 & 47/2005 wherein it is alleged that on 7.2.2003 deceased Vijay Kumar son of the appellants and injured Mahesh Kumar were coming to Jaipur along with other passengers in a Jeep Traxo bearing No. RJ -14 -1P -2664 and when the Jeep reached near Todi Mod at that time a Trolla bearing No. H.R. 5 -A -3024, which was being driven in a rash and negligent manner, came from front side and collided with the Jeep as a result of which the passengers of the Jeep got grievous injuries and were taken to the hospital, where during the course of treatment Vijay Kumar died. Whereas, injured Mahesh Kumar sustained serious injuries all over his body particularly on his head, forehead, face, neck, ear, jaw, nose and knee. He also got a diffused head injury due to which he has lost his speech and vision of one eye and remained in S.M.S. Hospital for treatment for six months. He sustained 77.90% permanent disability due to the accident. It was further alleged in the claim petition that on account of rash and negligent driving by both the drivers of the Jeep and Trolla the accident took place. The non -petitioners Nos. 4 & 5 Jeep driver and owner respectively did not appear before the Tribunal, therefore, on 7.4.2005 ex parte proceedings were drawn against them. In the claim petition of Mahesh Kumar non -petitioners Nos. 1,2,4 & 5 did not appear, therefore, ex parte proceedings were drawn against them. It was also averred that claimant who was diploma holder mechanic from National Institute of Vocational Training, Jodhpur was earning Rs.4000/ - per month as a Deisel Mechanic in the shop of A.D. No.2 Saccha Singh Mistri. Therefore, a claim of Rs.1,39,12,600/ - was prayed to be granted to him as compensation.
(3.) THE non -petitioner No.3 Insurance Company filed their reply to the claim petitions mentioning therein that the Insurance Company was not informed about the incident/accident. It was alleged in the reply that the accident took place due to rash and negligent driving by the driver of the Jeep bearing No.R.J.14 -1P -2664, who drove the Jeep on wrong side of the road. However, it was admitted in the reply that Trolla bearing No.H.R. 55A -3024 was insured with them. It was prayed in the reply that the claim petitions are liable to be rejected and they cannot be held responsible for paying the compensation as the accident took place due to rash and negligent driving by the driver of the Jeep.;