MANOJ Vs. MANGILAL

JUDGEMENT

(1.) All the appeals are being decided by this common judgment, as they arise out of the common judgment and award dated 21/12/2002.

(2.) The present appeals have been preferred against the judgment and award dated 21/12/2002 passed by Motor Accident Claims Tribunal, Pali in Motor Accident Claims Case Nos.41/2001(96/94), 34/2001 (69/94), 35/2001 (70/74), 43/2001 (98/94), 41/2001(96/94), 46/2001 (101/94), 47/2001 (102/94) respectively.

(3.) Brief facts of the case are that on 17/04/1994, Suman, Mangi, Chatar Daan, Jooni, Rani, Kunnai, Mahendra and other persons had gone from Dhundhada to Godawas Bavji Ka Than in the Jeep bearing registration No.16 C 0226. While they were returning, one Hakim Khan sat in the Jeep from Godawas. The said jeep was being driven by Hakim Khan S/o. Ramjaan Khan in its correct direction. When they reached at the circle of Village Giradhara, Mangilal driver of the bus bearing No. RJ19 P0681 came from opposite direction i.e. Roopawas by driving the bus rashly and negligently and hit the Jeep No. RJ 16 C 0226 from front side. Due to which, Suman, Mangi, Kunnai, Mahendra, Chhotu Khan and Jeep Driver Hakim Khan sustained injuries resulting into their death, whereas the passengers of the jeep, namely, Chhatar Dan, Jaani and Rani received injuries and the jeep was also damaged. Separate Claim petitions were preferred by the legal heirs of the deceased and injured persons before the Tribunal.