SATYANARAYAN Vs. TULSIRAM

JUDGEMENT

(1.) THESE are the two appeals filed under Section 110-D of the Motor Vehicles Act, 1939, against the award given by the Presiding Officer of the Motor Accidents Claims Tribunal in Claim Case No. 4 of 1988 Tulsiram and 3 Ors. v. Satyanarayan and Anr. and Claim Case No. 5 of 1988 Daulat and 5 Ors. v. Satyanarayan and Anr. , dated 8. 9. 1992, whereby the Tribunal, in both the cases, gave an award for a sum of Rs. 37,000/- in each case out of which a sum of Rs. 25,000/- in each case was held to be the liability of the United India Insurance Co. Ltd. Both the appeals are by the truck owners.

(2.) THE brief facts of the case are that on 11. 1. 1988 three persons, i. e. , Anoop, Brijesh and Manmohan, who were riding on one bicycle, met with an accident with truck No. MIJ 8095 belonging to the appellant herein, as a result whereof, two persons, viz. , Brijesh and Manmohan died and Anoop survived. Consequent upon this, the heirs and legal representatives of Brijesh filed a claim petition before the Motor Accidents Claims Tribunal, Gadarwara being Claim Petition No. 4 of 1988 and the heirs and legal representatives of Manmohan filed claim petition before the same Motor Accidents Claims Tribunal, which was numbered as Claim Petition No. 5 of 1988.

(3.) THE learned Claims Tribunal, after taking evidence made separate award in both the cases but the award was identical in each case, which was to the tune of Rs. 37,000/- together with interest, limiting the liability of United India Insurance Co. Ltd. to Rs. 25,000/- in each case.