- (1.) THESE three civil misc. appeal have been filed by the claimant -appellants under section 173 of the Motor Vehicles Act, 1988, for enhancement of the impugned common award dated 13.03.2007 passed by the MACT (Fast Track), Kotputli, District, Jaipur in claim cases Nos. 398/06 (109/2001),397/2006(108/2001) and 400/2006(110/2001) whereby the Tribunal awarded compensation of Rs.50,000/ - in each claim petitions while taking into consideration no fault liability.
(2.) SINCE all these three appeals arise out of same incident and same order, for the sake of convenience they were heard together and are being decided by this common order. The brief facts emerging from the face of the record are that three claim petitions were filed before the MACT, Kotputli u/s 166/140 of the M.V. Act on 16.05.2001, (which were transferred to and registered on 08.09.2006 before the MACT (FT), Kotputli) against the driver of the jeep(bearing no. RJ02 C -0236) Mukesh Yadav (non -claimant no. 1), the owner of the jeep Rohitash (non -claimant no. 2) and the insurance company United India Insurance Co. Ltd. (non -claimant no. 3) by claimants of deceased Rajvir Singh i.e. Beena Kanwar & Ors. , claimant of deceased Krishan Singh i.e. Kripa Devi and claimant of deceased Laxman Singh i.e. Sumer Singh & Anr. claiming different compensation on account of death of the deceased Rajvir Singh, Krishan Singh and Laxman Singh in road accident. According to the claimants, on 09.06.1997, Kishan Singh, Rajveer Singh, Laxman Singh, Surat Singh, Manoj Singh, Awadhesh Singh and children Sania, Rahul etc. were returning in the offending vehicle jeep after having dinner. It was alleged that the driver of the offending vehicle Jeep was driving it in a rash and negligent manner. Even on interruption by the passengers to drive the Jeep slowly and safely, the jeep driver continued to drive the vehicle in question in a rash and negligent manner and he didn't pay heed to their request and on reaching Natni ka Tibara collided with an unknown truck coming from Alwar, resulting into the death of Kishan Singh, Laxman Singh and Rajveer Singh and injuries to others. The jeep driver, Mukesh, also sustained injuries. In relation to this accident, an FIR has been lodged u/s 279, 337, 304A in the police station in Malakheda, Alwar against unknown truck driver and its driver. However, FR was filed by the police in respect of unknown truck driver and owner of the truck because their whereabouts were not known.
(3.) THE counsel for non -claimant no. 3, the insurance company, has submitted that the accident was caused due to the negligence of the unknown truck driver and has denied any negligence on part of Mukesh. In support of this argument, it was submitted that the FIR was lodged against the unknown bus driver.;