Manak Mohta, J. - (1.) THESE two appeals have been filed by the claimantappellants against the common judgment and Award dt. 23.07.1996 passed by the learned Motor Accident Claims Tribunal, Barmer (in short 'the Tribunal') in claim petition No. 9/93 filed by Moti Singh and Smt. Pura parents of deceased -Khema Ram and claim petition No. 10/93 filed by Smt. Fattu widow of deceased -Girdhari Ram and others, by which both the claim petitions were dismissed.
(2.) IN short the facts of the case as revealed from the record are that 17.04.1991 vehicle No. RJC -4377 was being driven by its driver(deceased) - Girdhari Ram, who whilst going alongwith cleaner (deceased) Khema Ram on National Highway No. 15 at about 7.30 'O clock in the morning when reached near 'Rudu Baba Ki Jhumpi' (13 Kms before Sindhari), at that time, truck No. GJ -9T -4170, which was being driven by Inder Singh (non -petitioner No. 3) in a rash and negligent manner and at a high speed, collided with truck No. RJC -4377, as a result of which, Girdhari Ram (driver) and Khema Ram (cleaner) died in the accident. A report of the accident was lodged with the concerned Police Station and a criminal case No. 39/91 for the offence under Sections 304 -A, 279 and 337 I.P.C. was registered. It is also borne out from record that the father and mother of Khema Ram ( 'khalasi ') filed claim petition, which was registered as Claim Petition No. 9/93 and claimed compensation to the tune of Rs. 6,36,000/ - on various heads for the untimely death of Khema Ram in accident. Likewise, the legal representatives i.e. the wife, sons, father and mother of deceased -Girdhari Ram also filed a Claim Petition No. 10/93 for awarding compensation of Rs. 8,68,000/ - on different heads. In both the claim petitions it was stated that the accident was caused due to rash and negligent driving of truck No. GT -9T -4377 by its driver by Inder Singh. It was further stated that the truck bearing No. RJC -4377 was owned by non -petitioner No. 1 and was insured with non -petitioner No. 4. Likewise, truck No. GT -9T -4377 was owned by non -petitioner No. 2 (1) & (2) and was insured with non -petitioner No. 5 i.e. New India Insurance Co. The notices of the claim petitions were issued. The non -petitioner No. 1 owner of the truck bearing No. RJC -4377 did not file any reply.
(3.) THE non -petitioner No. 2(1) and 2(2) owner of truck bearing No. GJ -9T -4170 and the insurer of the said truck i.e. non -petitioner No. 5 filed their separate replies denying their responsibility of paying compensation. Further it was stated on behalf of the owner that the accident occurred because of rash and negligent driving of truck No. RJC -4377 by its driver. The Insurance Company took a stand that alternatively it can be a case of contributory negligence.;