TULSA RAM Vs. IBRAHIM

JUDGEMENT

(1.) The present appeals have been preferred by the appellants challenging the judgment and award dated 28/08/2001 passed by Motor Accident Claims Tribunal, Balotra in Motor Accident Claims Case Nos. 60/99, 62/99 and 96/99. The Insurance Company has also preferred civil cross-objection in the appeal preferred by Babulal (CMA No.231/2002). The claim petitions were disposed of by a common judgment as they arose out of the same accident which occurred on 12/01/1999. Thus, the present appeals as well as cross-objection are also being disposed of by this common judgment.

(2.) Brief facts of the case are that while Hadmana Ram, Vashudev and Babulal were travelling on motorcycle to Jasol, a tanker insured with the respondent/Insurance Company being driven rashly and negligently by its driver hit the motorcycle from the opposite direction. In the said accident, Vashudev and Hadmana Ram died and Babulal sustained several injuries. Thus, the claim petitions were preferred.

(3.) Learned Tribunal after framing the issues, evaluating the evidence and hearing the learned counsel for the parties, decided the claim petitions of the appellants-claimants and awarded compensation as mentioned in the judgment and award impugned.