MOTA RAM Vs. KRISHNA

JUDGEMENT

(1.) Both these appeals arise out of the same judgment, whereby compensation award is passed in favour of heir dependants of two deceased who expired in collision of two vehicles.

(2.) On 1.7.96 at about 10.00 P.M. in jeep No. RJ 31 C 454 some persons, including Shri Jamaluddin and Shri Girdharilal were going from Nohar to Ravatsar and between Chahiya and Jeevnagar a gypsy No. DDA 5267, coming from opposite side collided with jeep so jeep over turned. A person (Shri Girdhari) died then and there and some injured were taken to hospital, on way one injured (Shri Jamaluddin) also died - FIR No. 149/96 for the offences of Sections 279 and 304A IPC was registered on statement of one of the injured Bhupendra Singh.

(3.) Gypsy was driven allegedly in a rash and negligent manner by Motaram, the Appellant and was owned by Shri Mukram. Police challan for the offences of Sections 279 and 304A IPC also presented against Motaram. Wife and sons of Shri Girdhari filing claim petition No. 41/97 - claimed damages Rs. 5,50,000/-. Wife and two minor sons filing claim petition No. 34/97, claimed compensation rupees thirty-six lacs. Two other injured S & B also filed claims respectively of 40/97 and 42/94.