Nisha Gupta, J. - (1.) ALL these appeals arises out of a common judgment/award dated 2.7.2007 passed by Judge, MACT (ADJ - Fast Track), Behror Distt. Alwar in different Claim Cases and common accident, hence are decided by this common judgment.
(2.) BRIEF facts of the case relevant for disposal of the appeals are that claim petition has been filed as road accident has occurred on 29.4.2006 when Smt. Sumit Devi with her brother Kishanlal were going on a motor cycle at about 5.30 PM when they reached at Khandoda turn, suddenly truck No. HR -55 -E -2671 driven rashly and negligently, hit the motor cycle, Kishanlal has died and Smt. Sumit Devi suffered injuries. Apart from it, it has also been stated that motor cycle has also been damaged. The court below has allowed the claim petition as regards death of Kishanlal and injuries to Sumit Devi whereas for claim of damages to motor cycle, the claim petition has been dismissed, hence these appeals. The contention of the appellants as regards claim No. 312/2006 is that income of the deceased has not rightly been assessed, deductions for personal expenses have been made on higher side, for loss of love and affection and consortium meager amount has been awarded and no future prospects have been added. As regards Claim No. 313/2006, it has been submitted that motor cycle has been damaged but no compensation has been awarded and in claim No. 314/2006 it has been submitted that in spite of permanent disability of 11.2%, the meager amount has been awarded. Per contra, the contention of the respondents is that no interference is needed and the court below has rightly decided the claim petitions.
(3.) HEARD the learned counsel for the parties and perused the impugned award as well as the original record of the case.;