RATTU DEVI Vs. SATISH KUMAR

JUDGEMENT

(1.) THESE appeals are directed against the common award, dated 5th October, 2005, passed by the Motor Accident Claims Tribunal, Mandi, H.P. (hereinafter referred to as "the Tribunal") in Claim Petitions No. 19 of 2003 and 46 of 2003, tilted as Rattu Devi & another versus Satish Kumar & others and Monika Kumari versus Satish Kumar & others, whereby compensation of Rs. 5,00,000/ and Rs. 3,50,000/ came to be awarded in favour of the claimants appellants and against the respondents herein, respectively (hereinafter referred to as "the impugned award"), on the grounds taken in the memo of appeals. Brief facts:

(2.) ON 13th November, 2002, at about 9.00 a.m. at Bhurni . Nala near Kandha on JanjehliMandi road, deceased Jyotender Kumar, deceased Indira Devi, deceased Manohar Lal and claimant Monika Kumari were travelling in Maruti Car bearing registration No. HP339468 from Thunag towards Mandi, being driven by respondent No. 1 rashly and negligently, who lost control over the same, as a result of which the car rolled about 300 feet down from the road and Jyotender Kumar, Indira Devi and Manohar Lal lost their lives.

(3.) THE following issues came to be framed by the Tribunal: