NATIONAL INSURANCE CO LTD Vs. BHOJ RAJ

JUDGEMENT

(1.) These two misc. appeals have been filed by National Insurance Co. Ltd. against the award of the Motor Accidents Claims Tribunal dated 3.4.2000 passed by the Judge, Motor Accidents Claims Tribunal, Beawar. S.B. Civil Misc. Appeal No. 1246 of 2000 has been filed in the Claim Application No. 43 of 1998 in which an award of Rs. 4,55,000 with interest was passed, whereas Civil Misc. Appeal No. 1247 of 2000 has been preferred in M.A.C.T. Case No. 42 of 1998 in which the award of Rs. 4,90,800 with interest at the rate of 12 per cent was passed.

(2.) Both the misc. appeals arise out of the same accident.

(3.) The facts are that on 3.1.1998 Atma Ram and Tara Chand (now deceased involved in the accident) were coming on scooter from Beawar to Ajmer when they were hit by truck No. GJ 12-U 8931 at about 2.30 p.m. on National Highway No. 8. It was alleged that the truck was being driven with high speed negligently and rashly. For the death of Tara Chand, Claim Application No. 43 of 1998 was filed by the parents, the widow of the deceased and minor son and daughter of the deceased whereas for the death of Atma Ram, Claim Application No. 42 of 1998 was filed by his widow Kavita Devi and four minor children of the deceased.