RAJENDER AND ANOTHER Vs. KRISHNA AND ANOTHER

JUDGEMENT

(1.) Two separate claim petitions, as per provisions of Section 166 of the Motor Vehicles Act, seeking compensation for death of Mahesh Kumar and his son, namely, Azad, were filed by Krishna wife of Mahesh Kumar, his son Varun and mother Chander Pali and separately by Krishna, which were allowed by the Motor Accident Claims Tribunal Palwal (later referred to as 'the Tribunal') and compensation of Rs. 8,75,000/- on account of death of Mahesh Kumar and Rs. 3,75,000/- for death of minor son Azad was allowed. While exonerating insurer of the tractor bearing registration no. HR-50C5065 (later referred to as 'the offending vehicle') involved in the accident its driver and owner were held jointly and severally liable to make payment of the compensation.

(2.) Against award passed by the Tribunal, Rajender son of Mani Chand, driver of the offending vehicle and Vijay Singh son of Mani Chand, owner of the offending vehicle have filed above captioned separate appeals, which are being disposed of by this common judgment.

(3.) I take facts relating to the accident as mentioned in para 2 of the award passed by the Tribunal, which are reproduced as follows:-