PANA Vs. MEGHRAJ

JUDGEMENT

(1.) Instant civil misc. appeal and cross objection arise out of common facts and award, hence same are being decided by this common judgment. This misc. appeal has been filed by the appellants-claimants against the award dated 26th May, 1997 passed by learned Judge, Motor Accident Claims Tribunal, Tonk (for short 'the learned Tribunal') in Claim Case No. 106/95.

(2.) Brief facts of the case are that on 24th September, 1995, Chaturbhuj was going in the Jungle of Naya Gaon, Police Station Uniara. At that time, respondent No. 1 drove his car No. RJ-25-C-0404 in rash and negligent manner with excessive speed and hit Chaturbhuj who sustained severe injuries and was taken to Saadat Hospital, Tonk. During the course of treatment Chaturbhuj died.

(3.) Thereafter, an F.I.R. was lodged regarding this incident. Thereafter, claimants appellants filed claim petition before the learned Tribunal. Notices were issued. Written statements were filed by the claimants-respondents. Evidence was submitted by both the parties. The issues were framed. Thereafter, the learned Tribunal after hearing both the parties passed the impugned award. Hence, this misc. appeal before this Court.