- (1.) These three appeals, CMA Nos. 92/1995, 93/1995 and 100/1995, preferred by the claimants against the common award dated 11.11.1994 made by the Motor Accidents Claims Tribunal, Sojat in their respective Claim Cases No. 265/1992: Baby Bharati v. Harish Kumar and Ors.; No. 266/1992: Kamla Bai v. Harish Kumar and Ors.; and No. 270/1992: Sumer Chand v. Harish Kumar and Ors. seeking enhancement over the amount of compensation awarded by the Tribunal for the loss suffered by them due to the injuries sustained in the same vehicular accident have been heard together; and are taken up for disposal by this common judgment.
(2.) Background facts are that on 25.05.1988 the appellants along with other members of the family were travelling in a Maruti Van bearing registration No. RST 1679 going from Jaipur to Nakoda; at about 10:30 p.m., between Jaitaran and Prithvipura, the vehicle dashed against a roadside tree causing varying injuries to the occupants; and one of the injured Kumari Sonel (10 years), daughter of the appellant Sumer Chand succumbed. Against the driver, owner and insurer of the offending vehicle, the present appellants and other injured members of the family sought compensation for the loss suffered by them due to the injuries sustained in the accident; and the claimant Sumer Chand with his wife Lata Devi and son Amit Kumar sought compensation for demise of Kumari Sonel. The insurer put the claims for compensation so made in seven claim applications to contention; and the Tribunal proceeded with separate trial of the claim cases after framing of necessary issues; in some of the cases, the individual claimants were examined and later on, the seven claim cases were consolidated. The present appellants, amongst others, examined the claimant Sumer Chand as AW-1; the claimant Baby Bharati as AW-2; M.C.Kumbhat, father of the claimant Baby Bharati and husband of the claimant Smt. Kamla Bai as AW-3; and the claimant Smt.Kamla Bai as AW-4. The non- applicants did not lead any evidence. Status of the documentary evidence as produced, and as omitted to be produced, by the claimants shall be discussed hereafter. By the award impugned, all the seven claim cases have been decided together; however, these appeals relate only to the three cases as already noticed.
(3.) By the common impugned award dated 11.11.1994, the learned Judge of the Tribunal proceeded to hold in issue No. 1 that the accident occurred for rash and negligent driving of the Maruti Van by the non-applicant No. 1 that caused bodily injuries to the occupants and resulted in demise of Kumari Sonel; and then proceeded to award compensation in relation to the three claim cases involved in the present three appeals on the observations and in the manner as follows:;