RAJENDER PRASAD Vs. LALIT JOSHI AND OTHERS

JUDGEMENT

(1.) SINCE both these appeals are aris­ing out of the same judgment and award and common question of fact of law is involved in both the appeals, as such, they are being decided by this common judgment.

(2.) A .O. No. 677 of 2006, under Section 173 of Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 10.08.2006 and decree dated 17.08.2006 passed by Motor Accident Claims Tribunal/District Judge, Pithoragarh in Motor Accident Claim Petition No. 66 of 2003, Rajender Prasad vs. Lalit Joshi and others.

(3.) CLAIMANTS -Rajender Prasad and Smt. Ganga Devi filed two separate claim petitions no. 66/2003 and 89/2003 before Claims Tribunal for grant of compensation on account of inju­ries sustained by them in the accident alleging therein that on 3.7.2003 they were traveling in Jeep No. U.P.03/2972 as passengers. The said jeep was being driven by its driver-Shyam Singh rashly and negligently. At about 11.00 a.m. when the said jeep reached near Makmanale, it met with an accident and fell into Khad. In the said acci­dent, claimants sustained injuries, while two-three persons died at the spot itself. Thus, the claimants claimed different amount of compensation against the opposite parties.