- (1.) These appeals have been preferred by the appellant United India Insurance Company Limited challenging the judgment dated 8.5.2007 passed by the learned Judge, M.A.C.T., Chittorgarh in two separate claim applications No. 373/2004 and 457/2004 whereby the learned Tribunal awarded compensation to the claimants as below:-- "1. In Claim Application No. 373/2004 filed under Section 163A of the Motor Vehicles Act, the claimants Laxmi Narayan, Kailash Chandra and Ashok were awarded Rs. 3,60,000/- as compensation on account of the death of Shri Mukesh. 2. In Claim Application No. 457/2004, total compensation of Rs. 1,90,000/- was awarded to the claimants Devkishan and others and the non claimant Laxmi Narayan for the death of Smt. Jyoti." Facts in brief are that on 4.3.2004 Shri Mukesh S/o. Laxmi Narayan was proceeding with his wife Smt. Jyoti on his motor cycle bearing registration No. RJ-09-4M-4913 from Chittorgarh to village Bambori. On the Chittorgarh-Nimbahera highway near the Jubilee Petrol Pump, the driver of a truck No. RJ-06-G-4654 came from the opposite direction driving his vehicle rashly and negligently and at a great speed. Mukesh tried to take his motor cycle to the side so as to avoid a possible collision with the aforesaid truck. In the meantime a truck No. HR-38-J-5684 which was also coming from Chittorgarh at a great speed took the motor cycle in its wake from behind as a result of which both Mukesh as well as Jyoti expired at the spot.
(2.) Two separate claim applications were filed under Section 163A of the Motor Vehicles Act in the Court at M.A.C.T. Chittorgarh seeking compensation for the deaths of the Shri Mukesh and Smt. Jyoti.
(3.) Claim Application No. 373/2004 was filed by Laxmi Narayan (father of the deceased Mukesh), Kailash Chandra and Ashok (brother of the Mukesh).;