VASUDEV SINGH Vs. RAGHURAJ SINGH

JUDGEMENT

(1.) THESE two appeals, Misc. Appeal No. 150/07 and 151/07, have been filed under Section 173 of the Motor Vehicles Act, 1988 against a common award dated 04. 11. 2006 passed by Motor Accident Claims Tribunal, morena, in Claim Cases No. 33/2006 and 34/2006. Both the claims cases have been arisen from one and the same accident. Both the claim cases have been consolidated by the Claims Tribunal and decided by a common award, hence both the Misc. Appeals have been heard and disposed of by this common order.

(2.) ON 29. 03. 2005 Truck No. MP-06-E-3263, which was being driven at the relevant time by respondent No. 2 became turtle near Kotwali Dehat on G. T. Road, bulandshahar. Deceased Mahesh was second driver on the aforesaid truck and deceased Rambraj was the cleaner. In the aforesaid accident second driver, mahesh and cleaner Rambraj, both were died. A report of the accident was lodged at the Police Station, Bulandshahar. On the report a case vide Crime No. 161/05 under sections 279, 338 and 304-A IPC was registered.

(3.) THEREAFTER, dependents of deceased persons filed two separate claims applications, claiming a compensation of Rs. 22,83,000/- in Claim Case No. 33/06 filed by dependents of deceased cleaner, Rambraj, who are father, mother, grandfather and two brothers; and Rs. 27,81,000/- in Claim Case No. 34/06 filed by dependents of deceased driver, Mahesh, who are father, mother, grand-father and one brother. Both the deceased were bachelors.