PREM SINGH Vs. DEV RAJ

JUDGEMENT

(1.) ALL these appeals are outcome of a motor vehicular accident, which was allegedly caused by driver, namely, Shri Kunwar Singh, while driving vehicle -Mahinra Pickup bearing registration No. 65 -0120, belonging to late Shri Telagi Ram, rashly and negligently, on 29.7.2005, at about 4.00 p.m., near Dhoi Nala/Temple Dhoi on Gadagusaini -Banjar Road, which turned down and rolled down, as a result of which, two persons, namely Tirath Raj, and Narender Kumar, travelling in the said vehicle who were employed as labourers in the said truck, fell down; hit another person, namely, Nokh Ram, who was walking on the road side; all of them sustained injuries; succumbed to the injuries, restraining their legal representatives to file three different claim petitions before the Motor Accident Claims Tribunal -II, Mandi, hereinafter, referred to as "the Tribunal". Thus, I deem it proper to dispose of all these appeals by a common judgment.

(2.) IN FAO No. 306 of 2012, the appellants -legal representatives of deceased Telagi Ram driver, have questioned the award, dated 18th January, 2012, passed by the Tribunal in MAC Petition No. 55 of 2005, titled as Dev Raj & others versus Prem Singh and others, whereby compensation to the tune of Rs. 1,75,000/ - came to be awarded in favour of the claimants -respondents No. 1 to 4, as per the apportionment made in the award, with interest @ 6% per annum from the date of filing of the claim petition till its realization (hereinafter referred to as "the impugned award -I), on the grounds taken in the memo of appeal.

(3.) IN FAO No. 305 of 2012, the appellants -claimants -legal representatives of the deceased driver have questioned the award, dated 18th January, 2012, passed by the Tribunal in MAC Petition No. 53 of 2005, titled as Smt. Bali Dev versus Prem Singh and others, whereby compensation to the tune of Rs. 2,20,000 -came to be awarded in favour of the claimants -respondents No. 1 & 2, with interest @ 7.5% per annum from the date of filing of the claim petition till its realization (hereinafter referred to as "the impugned award -III") on the grounds taken in the memo of appeal.