- (1.) Both the civil misc. appeals and cross-objections arise out of the common judgment and award dated 23.8.2004 passed by the Court of learned Motor Accident Claims Tribunal (Addl. District and Sessions Judge (Fast Track) No. 3, Jaipur District, Jaipur. Hence, same are being decided by the common judgment.
(2.) Facts of the case in nutshell are that the claimants filed a claim petition before the learned Claims Tribunal mainly with the averments that on 25.11.1996 at 11:30 A.M. the deceased Hari Narayan and his wife Smt. Tara Devi were travelling on a Scooter bearing No. RJ-14M-2383 on National Highway No. 11. When they reached Ramkishore Ki Dhani, a roadways bus bearing No. RJ-14P-2314 came rash and negligently and hit the scooter on the wrong side. The collusion resulting in death of both Hari Narayan and his wife Tara Devi. An F.I.R. No. 737/1996 of the incident was lodged at Police Station Bassi. The non-claimant RSRTC filed written statement of total denial. The non-claimant Chandrabhan appeared before the learned Claims Tribunal but he did not file any written statement. On the basis of pleadings of the parties, five issues were framed. The claimants in support of their claim case produced two witnesses and the non-claimant produced one witness who was driver of the bus belonging to RSRTC.
(3.) The learned Claims Tribunal passed the impugned judgment and award which is under challenge before this Court.;