RAJINDER KUMAR Vs. VIJAY KUMARI

JUDGEMENT

(1.) These appeals, for involvement of common question of facts and law to be adjudicated on the basis of similar evidence, are being decided together by this judgment.

(2.) Both appeals have been preferred against the award passed by concerned Motor Accidents Claims Tribunals in two different claim petitions preferred by respective claimants on account of the death of two occupants of the car being driven by driver Rai Singh, which was owned by Rajinder Kumar.

(3.) Common facts in these appeals are that on 2/10/2015, at about 7:27 a.m., Manoj Kumar (deceased-victim in FAO No. 64 of 2022), Mohinder Singh (deceased-victim in FAO No. 45 of 2022), Kuldeep Singh, Rajinder Singh (owner of the vehicle) and Rai Singh (driver) were travelling to Shimla in Nano Car No. HP-68A-Temp.5592 and when the car reached near Tyala Da Ghat, near Bhota, in District Hamirpur, it struck with a truck No. HP-24D-2342 from back side, which was parked on kutcha gola outside the metalled road, leading to the death of Manoj Kumar and Mohinder Singh on the spot. Their postmortem was conducted. Regarding the incident, FIR No. 178, dtd. 2/10/2015, was registered in Police Station, Hamirpur, H.P.