J.K. Ranka, J. - (1.) BOTH these Civil Misc. Appeals u/Sec. 173 of the Motor Vehicles Act have been preferred by the non -claimant -appellant (Insurance Company) assailing the common award dt. 16/03/2015 passed by the Motor Accident Claims Tribunal, Bahrod in MACT Case No. 45/2012 & 31/2012.
(2.) SINCE facts and controversy involved are identical, both these appeals are being decided by this common order. The relevant facts, necessary for disposal of the instant appeals, are that on 15/01/2010, while Manoj Kumar and Dhanraj Balmiki were going on motor cycle for attending duties in the morning shift in Ginni International Company and as soon as they reached Neemrana Circle at NH -8 at 5.45 am, a vehicle (Tanker) bearing No. RH -55 -C -5549, which was being driven by this driver in rash and negligent manner, hit both of them as a result of which Manoj Kumar expired on the spot and Dhanraj Balmiki sustained grievous injuries. FIR to this effect was lodged in the concerned police station and the police, after investigation, filed challan against driver u/Sec. 279, 337, 338 and 304 -A IPC before the competent court of jurisdiction.
(3.) CLAIM petition was filed before the ld. Tribunal by the dependents of deceased Manoj Kumar as also by the injured -Dhanraj Balmiki and the ld. Tribunal, after considering each and every fact and material and evidence on record, awarded claim to the extent of Rs. 7,23,000/ - in favour of the dependents of the deceased -Manoj Kumar and Rs. 3,15,329/ - in favour of the claimant -respondent (injured - Dhanraj Balmiki) which has been assailed by the appellant -Insurance Company in the instant appeals.;