DINESH MEHTA,J. - (1.) The present appeals under Section 173 of the Motor Vehicles Act, 1998, have been preferred against a common judgment and award dated 21.08.2017 passed by Motor Accident Claims Tribunal No.1, Udaipur, whereby four claim petitions filed by the claimants have been allowed.
(2.) The facts giving rise to the present appeals are that on the fateful date of 31.05.2016 between 3.00 & 4.00 p.m. deceased Kuber Lal was riding a Motor-cycle bearing No.RJ 27 15M 7076 alongwith Fatah Lal as the pillion rider, and another Motor-cycle bearing No. No.RJ 27 LS 2854 was seated by Gopal as the rider and Jagdish as the pillion rider, when a Truck bearing Registration No.RJ 27-GB 1657 rashly and negligently driven by its owner cum driver, rammed into vehicle the two Motor-cycles resulting in a head-on collision causing fatal injuries to the persons riding the aforesaid two motor-cycles and grave and abrasive injuries to the pillion riders.
(3.) On account of the injuries, Kuber Lal and Gopal succumbed to death, while Fatah Lal and Jagdish had to remain hospitalized. The claimants, being legal representatives of Kuber Lal and Gopal filed Claim Petition in wake of their death, while Jagdish and Fatah Lal filed separate claim petitions for the bodily injuries suffered by them. All the four claim petitions registered as Claim Petitions No.710/2016, 711/2016, 712/2016 & 713/2016 were consolidated and came to be disposed of by a common order dated 21.08.2017. Following issues were framed by the learned Tribunal below:- ...[VERNACULAR TEXT OMITTED]... The learned Tribunal below has decided the issue No.1 regarding involvement of the offending Truck against the appellant and has recorded a categorical finding that the said truck being driven rashly and negligently by the owner Sohan Lal Khatik was involved in the accident. ;