NARBADA Vs. RAJNI KANTA

JUDGEMENT

(1.) Both these connected appeals are being disposed of by this common judgment.

(2.) A very short question of law has arisen for consideration in these appeals and its resolution depends upon the interpretation that would be given to section 157 of the Motor Vehicles Act, 1988 ('the Act' for short). The facts first.

(3.) Two claim petitions being M.A.C. Petition Nos. 62-NS/2 and 63-NS/2 of 1994 were filed by the legal heirs of two deceased persons claiming compensation for the death of the said two deceased persons which resulted because of an accident occurring on 7.5.1994 on Dhararu Dhar Road near Bangora, Tehsil Arki, District Solan in the State of Himachal Pradesh involving truck bearing No. HPA 1435. The following seven issues were framed by the Tribunal for adjudication: