BANWARI LAL SHARMA,J. - (1.) The aforesaid both the appeals are preferred under Section 173 of M.V. Act by the appellants-claimants dissatisfying from the impugned judgment and award dated 25.01.2006 passed by learned Motor Accident Claims Tribunal (Additional District and Sessions Judge) (Fast Track) No. 2, Beawar in Motor Accident Claim Case No. 204/2005 (Old No. 233/2003) and Motor Accident Claim Case No. 205/2005 (Old No. 232/2003) where by learned tribunal while partly allowing the claim petitions awarded Rs. 3,19,000/- and Rs. 6,23,000/- respectively in favour of appellants-claimants and against respondent No. 1 to 3 jointly and severely.
(2.) The brief facts giving rise to these appeals are that appellants-claimants filed two separate claim petitions under Section 166 of M.V. Act, 1988 claiming compensation for the loss suffered by them due to the death of Smt. Pushpa Devi and Nand Kishore in the road accident which occurred on 10.03.2003, when deceased Smt. Pushpa Devi and Nand Kishore along with their family members were travelling in the Indigo Car No. RJ-01-1C-1264 and were going to Jeen Mata. When they reached on the bye-pass of Reengus suddenly respondent No.-1, who was driving the car in rash and negligent manner and in high speed car resulted into over turned, as a result thereof Smt. Pushpa Devi and Nand Kishore sustained serious injuries and succumbed to the injuries. The said accident occurred due to the sole negligence of respondent No. 1 who was the driver of the car and at the relevant time respondent No. 2 and 3 were the owner and insurer of the offending car.
(3.) Respondent No.-3 Insurance Company filed a written reply of the claim petitions wherein she denied all the allegations in want of knowledge and pleaded that the driver of car was not having valid and effective driving licence at the time of accident and prayed for rejection of the claim petitions.;