NANHELAL GONTIYA Vs. HARISHCHAND

JUDGEMENT

(1.) THE appellants have filed above these two appeals under Section 173 of Motor Vehicles Act, 1988 for enhancement of award dated 19th may, 2007 passed by 9th Additional Motor accident Claims Tribunal, Jabalpur awarding a sum of Rs. 45,900 to appellant nanhelal and a sum of Rs. 46,200/- to appellant-Harilal along with interest @ 6. 5% per annum.

(2.) SINCE the above said two appeals have arisen out of a common award, both these two appeals are being disposed of by this common order.

(3.) IN brief, the case of claimants is that one Achchhelal was driving a Hero Puch on which appellants Nanhelal and Harilal were pillion riders. It is said that one Harishchand was driving a Mini Truck bearing registration no. M. P.-21/2477 and the said truck collided with the moped, as a result of which driver of the moped namely Achchhelal died on the spot and above said two appellants received injuries on their legs. Left femur bone of appellant-Nanhelal was fractured and right femur bone of appellant-Harilal was fractured in the said accident. Appellant-Nanhelal filed claim Case No. 196/2005 and appellant-Harilal filed Claim Case No. 197/2005. Since both the claim cases were filed arising out of same accident, learned tribunal decided both the cases by passing a common award.