Sandeep Mehta, J. - (1.) THESE four appeals arise out of the judgment and award dated 27.3.2001 passed by the learned Judge, Motor Accident Claims Tribunal No. 1, Jodhpur in two separate accident claim cases filed before it in relation to an accident, which occurred on 4.2.1996 near Pal Village, Jodhpur.
(2.) AS per the facts available on record, the deceased Pema Ram and Ganga Ram were proceeding from Jodhpur to village Gangana on a Yamaha motorcycle. When they reached the outskirts of the village Pal, opposite a shop named Peva Marbles, the respondent Munna @ Muneer Khan driving the truck No. RSN -5383 rashly and negligently on the wrong side of the road, collided with the motorcycle resulting into the death of Pema Ram and Ganga Ram on the spot. Two separate claim petitions were filed by the legal heirs of Pema Ram and Ganga Ram being MAC No. 221/96 and MAC No. 226/96 claiming compensation for the deaths of Pema Ram and Ganga Ram respectively, impleading the owner and the driver of the truck namely Anwar Khan and Munna @ Muneer Khan and the insurer of the truck the New India Insurance Co. Ltd. as defendants.
(3.) THE owner and the driver of the truck on appearing, took a plea that as a matter of fact, no accident occurred by the truck in question. It was claimed that Pema Ram and Ganga Ram met with an accident with some unknown vehicle resulting into their death. The police falsely implicated them in the case despite the fact that the truck No. RSN -5383 was not responsible for the accident.;