PRAMOD KUMAR Vs. RAMCHANDRA

JUDGEMENT

(1.) Since the misc. appeals and cross objections relate to award dated 12.12.2002 passed by Judge, Motor Accident Claims Tribunal Jhunjhunu (in short MACT) in MACT Case No. 340/1999, they are being disposed by this common judgment.

(2.) The facts have been set out in the impugned award and hence I am not repeating the same here except wherever necessary.

(3.) The facts in brief are that on 21.6.1999 at 5.30 A.M. the truck No. RJ 18G 0052 met with an accident while returning from Chirana, on the main public road near the agricultural field of Jeevan Singh, Sarpanch of village Bagora. In the accident one Sultan Singh, died and one Ram Chandra got injured. Sultan and Ramchandra both were travelling in the truck as labourer. The truck is said to have collided with a boundary wall and thus turned round. Two separate claim petitions were filed, one for the deceased Sultan Singh by his mother and Smt. Mali Devi and Shopal and another by the injured Ram Chandra. The claim petition filed by the Ram Chandra was registered as Claim Petition No. 340/1999. According to the claimant the driver of the vehicle was driving the vehicle rashly and negligently. In the claim petition filed by Ramchandra, he claimed compensation in the amount of Rs. 10,60,000 for the injuries received by him.