JUDGEMENT
Dr. Vineet Kothari, J. -
(1.) ALL these appeals arise out of the accident which took place on 23.02.1993 when the new car of the D.C.M. Tata Company bearing temporary registration number M.H. -12 -0773 (later on registered on regular numbers as R.J. -14 G -7021) was driven by the non -applicant No. 1 Arjun Lal with the passengers namely, Mahesh Kumar, Authorised Salesman of the seller D.C.M. Tata Company and the passengers namely, Mehboob Beg, Babu Lal Verma, Madan Lal Acharya and Madan Lal Sargara, who boarded the said car coming from Jaipur to Jodhpur at Jaitaran, Khariya -Meethapur, Bilara and Khariya -Meethapur respectively. The said car collided with the tree two kilometres before Dangiyawas and on account of the said accident, Madan Lal Sargara, aged 40 years died in the Mahatma Gandhi Hospital, Jodhpur on 24.02.1993, Babu Lal Verma, aged 41 years, died in New Teaching Hospital, Jodhpur on 25.02.1993, Mehboob Beg, aged 60 years, died in Mahatma Gandhi Hospital, Jodhpur on 26.02.1993 whereas, the fourth passenger Madan Lal Acharya, aged 51 years, died on the spot of accident.
(2.) THE different Claim Petitions were filed by the legal representatives of the deceased passengers namely, Claim Petition No. 525/1995 : Maina Devi & Ors. Vs. Arjun Lal & Anr. in respect of death of Babu Lal Verma, who was a Teacher in the Government Primary School at Khariya -Meethapur, Claim Petition No. 526/1995 : Shayar & Ors. Vs. Arjun Lal in respect of death of Madan Lal Acharya, who was Head Master of Government Primary School (Bilara), Claim Petition No. 527/1995 : Smt. Chand Vs. Arjun Ram & Ors. in respect of death of Mehboob Beg and the Claim Petition No. 541/1995 : Nainu Devi & Ors. Vs. Arjun Lal & Ors. in respect of death of Madan Lal Sargara, who was Head Constable in R.A.C. After adjudication of all the claim cases, the learned Tribunal awarded the following compensation in respect of the claim petitions filed by the legal representatives of the respective deceased passenger, the details are as under: -
(3.) BEING aggrieved by the said judgment and award dated 26.03.1999 made by the learned Judge, Motor Accident Claims Tribunal -First, Jodhpur, the claimants have filed the present civil misc. appeals namely, CMA No. 499/1999: Smt. Chand Begam & Ors. Vs. Arjun Lal & Ors. CMA No. 466/1999: Smt. Nainu Devi & Ors. Vs. Arjun Lal & Anr., CMA No. 467/1999: Smt. Sayari Devi & Ors. Vs. Arjun Lal and CMA No. 468/1999: Smt. Maina Devi & Ors. Vs. Arjun Lal seeking enhancement of the amount of compensation awarded by the Tribunal, while the owner of the vehicle in question M/s. Roshan Motors has filed the civil misc. appeals namely, CMA No. 357/2003: M/s. Roshan Motors Pvt. Ltd. Vs. Smt. Mena Devi & Ors., CMA No. 358/2003 : M/s. Roshan Motors Pvt. Ltd. Vs. Smt. Nenu Devi & Ors., CMA No. 359/2003: M/s. Roshan Motors Pvt. Ltd. Vs. Smt. Sain Devi & Ors. and Cross Objections No. 2/1999: Roshan Motors Vs. Chand Begam & Ors. seeking to challenge the exoneration of the Insurance Company by the learned Motor Accident Claims Tribunal -First, Jodhpur.;
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