RAMESHWAR Vs. NIKITA

JUDGEMENT

(1.) Both these appeals are being decided by this common judgment since they are inter-connected. Both these appeals arise from the judgment and award dtd. 6/2/2015, passed by the Member, Motor Accident Claims Tribunal (M.A.C.T.), Latur in Motor Accident Claim Petitions No.11/2010 and 161/2011 and Motor Accident Claim Petitions No.12/2010 and 162/2011. The appellant herein is the owner of the bus (No.MH-24/A-2951). He was the respondent no.2 in the claim petitions before the Tribunal. Vide impugned judgments and awards, the appellant herein has been directed to pay a sum of Rs.6,16,500.00 and Rs.4,37,500.00 with interest @ 7.5% p.a. as compensation on account of deaths in vehicular accident. He is, therefore, in appeals.

(2.) Facts giving rise to the present appeals are as under :

(3.) The original claimants have not preferred appeal or cross-objection for enhancement of compensation. A short question that falls for consideration in these appeals is as to whether the bus was being taken for repairs while it met with the accident and therefore it is not a case of breach of having plied the bus sans permit.