RAJENDRA SAXENA,J. - (1.) THESE appeals have been preferred against the Award dated 27.5.89 passed by the learned Motor Accident Claims Tribunal, Jaipur (for brevity, 'the MACT'), whereby it awarded the compensation for an amount of Rs. 90,000/ - for the grievous injuries sustained by the claimant with interest @ 10% p.a. with effect from 28.4.83 i.e., date of filing claim petition. It was further directed that in case the amount of Award was not paid within two months then the claimant shall be entitled for interest @ 12% p.a.
(2.) SINCE both the appeals arise out of the same Award, those are being disposed of by this common judgment. Briefly the relevant facts are that on 30.10.82 claimant Dinesh Kumar Singhal, who was in the improvement of M/s. Devkinandan Om Prakash, Alwar (respondent No. 2) was going in Truck No. RSA 107 from Alwar to Jodhpur for delivery of goods of the said Firm. Jaswant Singh respondent No. 1, whose name has now been deleted from the array of the respondents during pendency of these appeals, was also in the employment of the said firm and was driving the truck, which was owned by the Firm. It is alleged that when the said truck reached near Peer Ki Dungari, Chandvaji at about 4 a.m. it collided with truck No. HRS 5825, which was parked almost on the centre of the road by its driver Krishna Kumar (respondent No. 4) and the said truck was owned by Tareeff Singh (respondent No. 5). Due to the accident, claimant Dinesh Kumar sustained injuries on both of his legs. He was rushed to SMS Hospital, Jaipur, where he remained as an indoor patient from 30.10.82 to 24.11.82. His the radiological examination revealed fractures of 4th, 5th meta dorsal bones of left leg. Fingers of his both the legs were amputed. He was also subjected to skin grafting in General Hospital, Alwar, where he remained as an indoor patient from 25.11.82 to 18.1.83. In respect of the said accident, Crime No. 106/82 was registered at Police Station Chandvazi wherein after investigation, the police filed a challan.
(3.) DINESH Kumar Singhal submitted claim petition for an amount of Rs. 3.65 lacs before the MACT, United India Insurance Company Ltd -insurer of Truck No. RSA 107, in its reply resisted claim on the ground that Dinesh Kumar Singhal was travelling in the said truck as a gratuitous passenger and that he was not travelling during the course of the employment of the owner of the said truck and as such, it had no liability to pay any compensation.;