Vineet Kothari, J. - (1.) BOTH these present Misc. Appeals have been filed under 173 of the Motor Vehicles Act, 1988 by the appellants -claimants against the common judgment and Award dated 25th March, 2006 passed by the learned Judge, Motor Accidents Claims Tribunal, Udaipur respectively in Claim Case Nos. 48/2005 (1053/2004) "Aditya Kumar & Ors. v. Soma & Ors." and 225/2005 (78/2005) "Bajrang Lal Sharma & Ors. v. Soma & Ors." by which, the claimants of both the claim cases were awarded compensation respectively in the sum of Rs. 7,30,000/ - and Rs. 5,40,000/ - for the death of Dr. Giriraj Prasad and Vinod Kumar Sharma, a Nursing Staff. The present Misc. Appeals have been filed by the dependents of both the deceased seeking enhancement in the amount of compensation, as awarded by the Tribunal.
(2.) THE relevant portion of the findings of the learned Tribunal is quoted herein below for ready reference: - - Briefly put the background facts of the case are as follows : As both the above -mentioned claim petitions arise out of the same accident, it is relevant to mention here that on 01.10.2004 around 1:25 a.m. in the night when the persons namely, Dr. Giriraj Prasad, Vinod Kumar Sharma and Piyush Tiwari were coming from Eklingapura to Udaipur under the jurisdiction of the Police Station Pratapnagar (Udaipur) in a Maruti Wagon -R then, a truck bearing registration number R -1 -A.T. -6680 which was rashly and negligently driven by the respondent No. 1 -Soma S/o. Dhanna Koli Thakur hit the car from the wrong side and because of this accident, the car in question was totally destroyed from the front side and as a result of the said accident, Dr. Giriraj Prasad and Vinod Kumar Sharma died.
(3.) THE dependents of the deceased filed the claim petitions aforesaid, which were decided by the learned Tribunal, after framing of the relevant issues and after taking necessary evidence. The learned Tribunal has awarded respectively Rs. 7,30,000/ - in Claim Case No. 48/2005 to the dependents of Dr. Giriraj Prasad and Rs. 5,40,000/ - in Claim Case No. 225/2005 to the dependents of Vinod Kumar Sharma. The deceased Dr. Giriraj Prasad (Mangal) was a qualified doctor having the degree of MBBS and was 25 to 30 years in age at the time of accident. The deceased was appointed as Doctor on the contract basis just before one year of the accident. Similarly, the deceased Vinod Kumar Sharma was a qualified Nursing Staff and the deceased was appointed as Nurse Gr. II vide Government of Rajasthan in its Medical Department Order dated 10.01.2002 and he was also 25 to 30 years in age at the time of accident.;