NANJI BHAI Vs. BHAGWANDAS D DARBAR

JUDGEMENT

(1.) These five appeals are directed against a common judgment and award dt. 1-6-1996 passed by Motor Accident Claims Tribunal, Dungarpur (for short 'the Tribunal') whereby the Tribunal has awarded compensation of Rs. 3,04,500.00 in M.A.C. Case No. 99/94 filed by appellant-claimant Nanji Bhai and others; Rs. 2,04,500.00 in M.A.C. Case No. 100/94 filed by Vishal and others; Rs. 1,09,500.00 in M.A.C. Case No. 97/94 filed by Harakhchand and others; Rs. 2,000.00 in M.A.C. Case No. 98/94 filed by Master Rakesh and Rs. 10,000.00 in M.A.C.T. Case No. 101/94 filed by Miss Foram. Aggrieved and dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant-claimants hereinabove (for short 'the claimants') have filed the aforesaid appeals seeking enhancement of compensation.

(2.) Briefly stated facts to the extent they are relevant and necessary for decision of these appeals are that on 24-11-1993 at about 8.30 p.m., Moolchand Bhai, Smt. Ranjan Ben, Smt. Manjula Ben, Master Rakesh, Kumari Foram and Nanji Bhai were travelling in a taxi car bearing number GRU-4929, which was driven by respondent No. 1 Bhagwandass D. Darbar, owned by respondent No. 2 Bhoopendra and was insured with respondent No. 3, the New India Assurance Company Ltd. (for short 'the Insurance Company'). When the said car was plying on the State Highway near Bichhiwara, a truck bearing number RJ-27/G. 0748, which was driven by respondent No. 4 Shanker Lal and was owned by respondent No. 5 Om Prakash and was insured with respondent No. 6 the National Insurance Company Ltd. came from behind and suddenly overtook the car and thereafter, the driver of the truck brought the truck in front of the car as a result of which there was a collision between the said car and truck. The occupants of the car namely, Moolchand Bhai, Ranjan Ben and Smt. Manjula Ben sustained severe injuries and succumbed to the injuries. Master Rakesh and Kumari Foram sustained personal injuries. The legal representatives of the deceased persons as also the injured, filed claim applications before the Tribunal for compensation.

(3.) On appreciation of the evidence produced by the parties, the learned Tribunal held the car driver as well as the truck driver negligent and responsible for the said accident, and awarded compensation to the respective claimants as noticed above.