- (1.) These two CMA No.2506/2008 and CMA No.4675/2011 have been filed by the non-claimant appellant Insurance Company and claimants under section 173 of the Motor Vehicles Act, 1988, against the impugned award dated 22.02.2008 passed by the MACT, Jhunjhunu, in claim case No. 614/06, whereby the claimants have been awarded compensation of Rs. 6,12,000.
(2.) Since both the appeals arise out of same incident and common order, therefore, they were heard together and are being decided by this common order.
(3.) The brief facts emerging on the face of the record are that a claim petition was filed before the Tribunal u/s 163A of the M.V. Act in 2006 against the owner of the vehicle container Ramesh Singh (non-petitioner No. 1), assistant of the driver Charan Singh (non-petitioner No. 2) and the Insurance Company (non-petitioner No. 3) praying therein to award an amount of Rs. 39,77,500 as compensation on account of road accident, in which the driver of the vehicle container Pawan Kumar died. It was averred therein that the deceased was the driver of the vehicle container no. HR 61 2135 and Charan Singh (non-petitioner no. 2) was appointed as his assistant. It was alleged that on 4.09.2006 at around 9:30 p.m. both Pawan Kumar and Charan Singh, after loading aluminium pipes onto the container from Bhiwadi, Dist. Alwar, were going to Mohali in Punjab. The container was driven by Pawan Kumar from Bhiwadi to Jhajhar and was thereafter being driven by Charan Singh. When they reached near a training centre at Meeno Khodi on G.T. Road, a cow happened to come in front of the vehicle from the right side after crossing the divider and in making an attempt to save the cow, non-petitioner no. 2, suddenly turned the vehicle to the left side, losing control over it and colliding with a Safeda tree. Due to the accident, Pawan Kumar died on the spot.;