SHARIF KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Since both the appeals filed by the claimants of deceased driver-cum-owner and cleaner of ill-fated truck involved in train-truck accident have arisen out of the common Award dated 13th January, 2005 in Claim Case Nos. 58/04 and 59/04 passed by the Motor Accident Claims Tribunal, Chachoda, Camp Guna, they are taken up together for final disposal by this one order.

(2.) At the outset, it may be mentioned here that Misc. Appeal No. 345/05 has been preferred by the claimants/legal heirs of the deceased Yusuf Khan who was a cleaner of the truck having registration No. MKM/ 1806 driven by deceased-driver Sadiq Khan, under Section 173 of the Motor Vehicles Act 1988 against the impugned Award rejecting thereby the claim petition filed by the appellants/claimants of the said Yusuf Khan who died in train-truck accident claiming compensation of Rs. 2,80,000/-against the Union of India as well as insurer, the Oriental Insurance Company (respondents No. 1 and 2 herein).

(3.) Another appeal (Misc. Appeal No. 365/2005) has been preferred by the claimants/legal heirs of the deceased driver Sadiq Khan of the truck having registration No. MKM/1806 against the impugned Award rejecting thereby the claim petition filed by the appellants/claimants of the said Saidq Khan who died in train-truck accident claiming compensation of Rs. 13,50,000/- against the Union of India as well as insurer, the Oriental Insurance Company (respondents No. 1 and 2 herein).