RUCHI SINGHAL Vs. CHANDRIKA PRASAD & ORS

JUDGEMENT

(1.) Since these two misc. appeals relate to common award dated 10-1-2006 passed by Judge, Motor Accident Claims Tribunal, Jaipur and Special Court (Essential Commodities Act) Jaipur in MACT cases Nos. 28/2004 and 24/2008, they are being disposed by this common judgment.

(2.) The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.

(3.) Facts in brief are that on 18-11-2001, Kumari Ruchi Singhal and Kumari Suchi Singhal, along with other family members were going from Ajmer towards Jaipur by Car No. RJ 14 5C 2132. At about 8.10 a.m. when this car reached near Padasoli, a truck No. UP 78 N 9771 being driven rashly and negligently and with excessive speed by its driver respondent No. 1 came from opposite direction and by violating the traffic rules and by coming on the wrong side hit the car. Because of the hit three persons died and claimants sustained serious injuries.