Manak Mohta, J. - (1.) THESE two Civil Misc. Appeals, namely, 2561/2007 and 2569/2007 preferred by the owner of the vehicle, have arisen out of a single accident, for which, claim cases No. 1147/2001 filed by the legal heirs of deceased Ranglal and 202/2002 filed by the injured Banshilal before the learned Judge, Motor Accident Claims Tribunal, Udaipur who vide his judgment and Award dt. 08.02.2005 allowed the claim petition No. 1147/ 2001 and awarded total compensation of Rs. 2,80,270/ - with interest @ 6% per annum from the date of registration of the claim petition i.e. 20.12.2001 and also allowed the claim petition No. 202/2002 and awarded compensation of Rs. 15,000/ - with interest @ 6 % per annum from the date of registration of the claim petition i.e. 04.03.2002 in favour of the claimants and against the sole non -claimant -appellant.
(2.) IN the instant both the appeals, the common questions of law and facts are involved, therefore, the above referred appeals were heard together and they are being disposed of by this common order. The facts of the case, in brief, are that the incident took place at about 8.30 PM on 17.09.2001, when Ranglal (deceased) along with Banshilal was going on his "Hero Motor Cycle" bearing its Registration No. RJ 27 -M/7042 from his house to Amarpur Chouraha, then, one Jeep bearing its Registration No. RJ 27 -C/1261 which was said to be driven by Manohar Singh who was also owner of the vehicle in rash and negligent manner at high speed, dashed the motor cycle, as a result of which, Ranglal and Banshi Lal both sustained grievous injuries and they were brought to hospital for treatment but on the way to the hospital, Ranglal died due to injuries sustained in the said accident. It was alleged that the deceased Ranglal was earning Rs. 15,000/ - per month by selling milk and poultry products and by selling of blankets and umbrellas and the injured Banshilal was earning Rs. 3,000/ - per month by selling blankets and umbrellas. It was further alleged that the deceased Ranglal was 48 years old and injured Banshilal was 21 years old at the time of accident. It was stated in the claim petition filed by legal heirs of Ranglal that the claimants were fully dependent upon the income of the deceased Ranglal and due to his accidental death, the claimants suffered huge loss of income as well as loss of love and affection. The claimants Smt. Narayani Bai (widow of Ranglal) and injured Banshilal filed their respective claim petitions referred above for awarding adequate and reasonable compensation as claimed on various heads. The injured Banshilal also claimed loss of income and compensation for sustaining injuries in accident.
(3.) NON -claimant -appellant Manohar Singh driver -cum -owner of the said Jeep has filed replies in both the claim petitions. In the reply, it was stated that the accident did not occur due to his rash and negligent driving of the said jeep. The rest of the averments made in the claim petition were denied. It was also submitted that the amounts of compensation claimed by the claimants are exorbitant. It was prayed that the claim petitions may be rejected. It is relevant to state that the said jeep was not insured at the time of the accident as nothing has been narrated by the owner in this respect in his replies.;