J.K. Ranka, J. - (1.) THESE two civil misc. appeals Nos. 1573/2009 & 4565/2009 have been filed relating to same incident/accident respectively by the dependents of deceased Ramesh Chand (claimants) and injured Inder Singh under Section 173 of the Motor Vehicles Act for enhancement of the impugned award dated 25.9.2008 passed by the mact, Kishangarh, District, Alwar in claim cases Nos. 163/2007 & 162/2007, whereby the Tribunal has partially allowed both the claim petitions filed by the claimants and injured and granted total sum of Rs. 8,31,000/ - and Rs. 1,72,302/ - in favour of claimants of the deceased and injured respectively as compensation.
(2.) THE brief facts as emerging on the face of record are that three separate claim petitions came to be filed relating to the same incident/accident by the claimants, who are wife, daughter, sons and parents of deceased Ramesh Chand and injured Inder Singh as also the other injured persons before the Tribunal under Section 166 of the M.V. Act stating therein that on 21.2.2007 deceased Ramesh Chand Rod along with Inder Singh son of Hari Singh, Rajesh Kumar S/o. Nafe Singh and Rajendra Singh son of Badluram were coming to Alwar to attend the marriage in his Alto Maruti Car bearing No. H.R.29 -V.T.P.8529, when they reached from Kishangarh to near village Meharampur then at about 4:30 p.m. in the evening the driver of a Jeep bearing No. R.J.02 -C -1162 came from behind while driving the jeep in a rash and negligent manner and collided with the deceased Ramesh Chand Rod's car due to which the car turned up side down and in the accident deceased Ramesh Chand Rod and Inder Singh, Rajesh Kumar and Rajendra Singh sustained injuries of grievous nature and deceased Ramesh Chand Rod died during the course of treatment on 22.2.2007. The report of the accident was lodged by Vinod Kumar in Police Station, Kishangarhbas upon which FIR bearing No. 72 dated 16.3.2007 was chalked out for offence under sections 279, 337 & 304A IPC and after investigation Police filed challan for offence under section 279, 337, 338 & 304A IPC against non -petitioner No. 1 Yadram Meena holding him responsible for the accident before the competent court of jurisdiction. In the claim petition filed by the claimants of deceased Ramesh Chand Rod it is averred that at the time of accident deceased Ramesh Chand Road was aged 27 years and he was employed in Pavanalogy Hospital, Sanoli Road, Panipat and was getting Rs. 6200/ - per month as salary and in addition thereto he was getting Rs. 3000/ - from the patients and Rs. 5000/ - per month from agriculture therefore he was earning total Rs. 14200/ - per month. The claimants prayed for granting Rs. 1,04,24,400/ - as compensation. Injured Inder Singh in his claim petition averred that he was 45 years old at the time of the accident and was earning Rs. 6000/ - per month from selling milk and on the basis of fractures on his right and left leg and for its treatment demanded Rs. 41,12,000/ - as compensation. Non -petitioner No. 3 Insurance Company while denying all the averments made in three claim petitions stated that the accident did not occur due to Jeep No. R.J.02 -C.1162. It was contended that accident took place on 21.2.2007, whereas the fir was lodged on 16.3.2007 and no explanation for the delay was given which shows that the vehicle which is shown to be involved, came in later as an after thought. It was also submitted that the accident did not take place due to rash and negligent driving of the driver of the offending vehicle. It was pleaded that at the time of accident, the driver of the offending vehicle was not having valid and effective licence, but deceased Ramesh Chand Rod drove his Alto car in a rash and negligent manner and the owner and insurance company of the car have not been made a party. Therefore, on the basis of these averments all the three claim petitions are liable to be dismissed.
(3.) THE non -petitioners Nos. 1 & 2 despite service of the notice did not appear and ex parte proceedings were drawn against them on 12.7.2007.;