NISHA GUPTA, J. - (1.) The two appeals arise out of common judgment/ award dated 29.8.2008 passed by Judge, MACT (Additional District Judge- Fast Track No.8), Jaipur City, Jaipur in different claim cases and relates to same accident, hence are decided together by this common judgment. Cross-objections (39/2012) have also been filed with delay along with application (589/2012) under Section 5 of the Limitation Act and the contention of the respondents is that to arrive at a just and fair compensation, his cross-objections should be heard, he is an illiterate person hence delay is bona fide.
(2.) Brief facts of the case relevant for disposal of the appeal are that on 21.2.2006 at about 11.30- 12.00 PM, Radheshyam was going on his scooter and Kalu and Jeetu were with him as pillion rider, when they reached near Babaji Ki Chhaki, Jeep No. RJ- 14/4C-1859 came from opposite direction in a rash and negligent manner came on its wrong side and hit the scooter with the result Radheshyam and Kalu died and Jeetu sustained injuries. Claim petitions have been filed which was allowed. Hence, these appeals.
(3.) The contention of the appellant is that deceased was also negligent. Three persons were going on the vehicle which ipso facto shows the negligence of the deceased hence the deceased should also be held negligence. The Insurance Company has also assailed the compensation.;