- (1.) Both these appeals arise out of the same order, therefore, both the appeals are being finally decided by this common order at the admission stage as consented to by the learned counsel for both the parties. Facts are being taken from the appeal No. 2339/2014.
(2.) These appeals are preferred against the Judgment and award dated 10/04/2014 passed by the Motor Accident Claims Tribunal (for short 'the Tribunal'), Ajmer whereby, the Tribunal has partly allowed the claim filed by the respondent Nos. 1 to 5 and passed the award to the tune of Rs. 3,45,500/-.
(3.) Brief facts giving rise to these appeals are that on 22/09/2012 at around 1:00 AM in the midnight, the husband of the respondent No. 1 Ramdev, while he was riding on a motorcycle No. RJ-01-SM-9775, was hit by an unknown vehicle and died on the spot. The respondents- claimants No. 1 to 5, who are the wife and children of the deceased, filed a claim petition before 'the Tribunal' under Section 163-A of Motor Vehicle Act. Reply to the application was filed by the appellant disputing its liability to pay compensation and denied most of the allegations. The learned Tribunal framed the following issues:- Image 1;