(1.) BOTH these appeals are the outcome of a motor vehicle accident, which was caused by driver, namely, Kuldeep Singh while driving the truck bearing registration No. HR -37A -5735, rashly and negligently. Therefore, both the appeals are taken up together for final disposal.
(2.) CLAIMANTS in MAC Petition No. 34/03 RBT 7/05/03 are the legal representatives of deceased Gurmail Singh, who filed the Claim Petition claiming compensation to the tune of Rs. 9.00 lacs, as per the break -ups given in the Claim Petition The injured Narinder Kumar also filed the Claim Petition, which was registered as MAC Petition No. 35/03 RBT 6/05/03, titled Narinder Kumar v. Kuldeep Singh and others, claiming compensation to the tune of Rs. 4.00 lacs, as per the break -ups given in the Claim Petition.
(3.) THE claim petitions were resisted by the respondents by filing replies. The Tribunal, after examining the pleadings of the parties, framed similar issues and the issues framed in Claim Petition No. 34/03 RBT 7/05/03, (subject matter of FAO No. 286 of 2009), are reproduced below: