(1.) We propose to decide both the aforesaid appeals [Misc. Appeal No. 192 of 1996, Umed Chand Golcha (dead) through legal heirs v. Dayaram and Misc. Appeal No. 88 of 1998, Sunita v. Pushpa Sharma], since common questions for consideration and decision arise in both of them.
(2.) Before adverting to consider the same, it would be desirable to make mention of material facts of the cases one after the other.
(3.) Misc. Appeal No. 192 of 1996 is directed against the award dated 21.11.95 passed by the Motor Accidents Claims Tribunal (III), Durg, in Claim Case No. 75 of 1986. The claimant Umed Chand Golcha (dead) was going from Rajnandgaon to Durg on motor cycle of his friend Shikhar Chand Jain on 1.3.1984. The truck bearing registration No. CPR 8964 belonging to Satya Narayan Sharma, driven by Dayaram and insured with Oriental Fire & Genl. Ins. Co. Ltd. dashed against the said motor cycle. As a result of this accident, the claimant fell down and his right leg was seriously injured, apart from injuries on other parts of the body. He availed treatment at various places, like Durg, Pune, Madras, Visakhapatnam and Bombay. His claim is that he became permanently disabled in the accident by 40 per cent, therefore, he was entitled to compensation of Rs. 5,74,000 with interest at the rate of 18 per cent per annum.
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