Mr. Mahesh Chandra Sharma, J. - (1.) All these appeals have been filed against the judgment and award dated 28.9.2007 passed by the Motor Accident Claims Tribunal, Sikar and the issue involved in all the aforementioned misc. appeals is common, hence same are being decided by this common judgment.
(2.) The brief facts as narrated in CMA No. 264/2008 are that on 25.11.2003, Shri Yusuf, his sister Rukhsana, father Husain Bakhs, mother Smt. Raisan and brother Saddam came at Goriya Bus Stand for purchasing household goods. When they were standing on Kachcha side of the road, a truck bearing No. RJ-23G-0141 being driven rashly, negligently by its driver respondent No. 5 came from Sikar side. At the same time, another truck No. HR-37A-2077 also being driven in a rash and negligent manner by its driver respondent No. 1 came from Jaipur side. Respondent No. 1 overtook a Jeep and in this process hit the rear side of truck No. RJ-23-G-0141 due to which respondent No. 5 lost control over his truck and it came in the Kachcha side of the road where these persons were standing. They were crushed under this truck and Yusuf, Kum, Rukhsana, Husain Bakhs and Smt. Raisan died.
(3.) Notices were issued to the opposite parties. Reply to the claim petitions were filed and on the basis of the pleadings of the parties, the learned Tribunal framed the issues. After hearing all the parties, the learned Tribunal passed the impugned judgment and award, which is reproduced hereunder:;