SMT. SANTRA DEVI AND OTHERS Vs. FIRM HARI SINGH PRATAP SING AND OTHERS
LAWS(RAJ)-2005-10-65
HIGH COURT OF RAJASTHAN
Decided on October 18,2005

Smt. Santra Devi And Others Appellant
VERSUS
Firm Hari Singh Pratap Sing And Others Respondents

JUDGEMENT

Dinesh Maheshwari, J. - (1.) These three Civil Miscellaneous Appeals have arisen out of the common award dated 221995 made by the Motor Accidents Claims Tribunal, Hanumangarh after a consolidated trial of two Claim Cases No. 4/1994 (62/1988) and 162/1988 relating to the same vehicular accident and common questions of law and facts being involved, were heading together and are being decided by this common Judgment.
(2.) The accident in question occurred on 17.10.1987 between Hanumangarh Town and Hanumangarh Junction because of collision of mini truck bearing registration No. PAW 2040 and a tempo bearing registration No. RSC 7653. In the accident Mohanlal and Vijay Kumar sustained injuries and Mohanlal succumbed to the injuries. Claim Application No. 4/1994 (62/1988) was submitted by Santra Devi and others, the wife and minor children of the deceased Mohanlal; whereas Claim Application No. 162/1988 was submitted by the injured Vijay Kumar claiming compensation on various heads against non-applicants No. 1 and 2 being the owners of truck PAW 2040, non-applicant No. 3, its driver and non-applicant No. 4 as its insurer.
(3.) By the impugned award dated 2.2.1995, the Tribunal has partly allowed both the claim applications, awarded a sum of Rs. 2,40,000/- to the claimants in Case No. 4/1994 and of Rs. 30,000/- to the claimants in case No. 162/1988, but held that liability of the insurer shall remain limited to a total sum of Rs. 1,50,000/- only. The owners of the vehicle have preferred CMA Nos. 49/1996 and 25/199.7 questioning the award on its limiting the liability of the insurer. The claimants in Claim Case No. 4/1994 have preferred CMA No. 561/1995 seeking enhancement of the amount of compensation.;


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