VARUN ROADLINES PVT LTD Vs. REKHA AND ORS

JUDGEMENT

(1.) M/s. Varuna Road Lines Pvt. Ltd., New Delhi (in short owner of the vehicle) filed the above two misc. appeals under section 173 of the Motor Vehicles Act against the common award dated 26.5.2012 of the Judge Motor Accident Claims Tribunal, Tonk (Additional District Judge (Fast Track) Tonk) ( in short MACT) in Claim Cases Nos.65/2010 (341/2007) and 66/2010 (347/2007) awarding Rs.6,75,000 and Rs. 6,70,000/- to the claimants (Smt. Rekha, Manisha, Swaroop Singh, and Smt. Lacha (claimant- respondents in appeal No. 3303/2012) and Ganga Devi, Pooja, Mukesh and Shobha (claimant respondents in appeal No. 3305/2012), who are legal representatives of deceased Madho Singh and Ranu Singh, who died in the accident (in short claimants). Since these two appeals arise from a common award, it will be proper for this Court to decide the appeals by this common order.

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

(3.) It may be mentioned that the earlier award passed in the Claim Cases Nos.65/2010 (341/2007) and 66/2010 (347/2007) filed by the dependents of the deceased, was challenged by the present appellants before this Court in S.B.Civil Misc. Appeals Nos2692 and 2693 of 2011. This Curt vide order dated 13.7.2011 remanded the matter to the MACT to decide the issues 1,2, and 4 afresh in the light of the judgment reported in 2011 RAR 225 and the parties were directed to appear beforethe MACT on 12.12.2011 and further the MACT was directed to decide the matter within a period of six months.