RUCHI SINGHAL Vs. CHANDRIKA PRASAD

JUDGEMENT

(1.) Since these two misc. appeals relate to common award dated 10th January, 2006 passed by Judge, Motor Accident Claims Tribunal, Jaipur and Special Court (Essential Commodities Act) Jaipur in MACT cases Nos. 28/2004 and 24/2008, they are being disposed by this common judgment. The facts have been set out in the impugned judgment and, hence, I am not repeating the same here except wherever necessary.

(2.) Facts in brief are that on 18th November, 2001, Kumari Ruchi Singhal and Kumar Suchi Singhal, alongwith other family members were going from Ajmer towards Jaipur by Car No. RJ 14 5 C 2132. At about 8.10 a.m. when this car reached near Padasoli, a truck No. UP 78 N 9771 being driven rashly and negligently and with excessive speed by its driver respondent No. 1 came from opposite direction and by violating the traffic rules and by coming on the wrong side hit the car. Because of the hit three persons died and claimants sustained serious injuries.

(3.) The respondent No. 1 the driver and respondent No. 2 the owner of the truck initially filed their reply to the claim petitions but later on no one appeared on their behalf and ex-parte proceedings were drawn against them. The respondent No. 3 Insurance Company of the truck contested the claim and filed its reply. The other claim petitions and the claim petitions filed by the appellants were consolidated and have been decided by the award dated 10th January, 2006.