MUKTI LAL AGARWAL Vs. BABALU

JUDGEMENT

(1.) THESE two civil misc. appeal have been filed by the appellant -claimants under Section 173 of the Motor Vehicles Act for enhancement of the impugned award dated 29.7.2006 passed by the MACT, Chomu District, Jaipur, in claim case No.82/2005 & 47/2005, whereby the Tribunal has awarded a sum of Rs.2,76,000/ - as compensation in favour of the claimant -appellants Mukti Lal & Anr. on account of death of their son Vijay Kumar and Rs.7,84,460/ - in favour of injured claimant Mahesh Kumar.

(2.) BOTH the appeals arise out of the same incident, therefore, they were heard together and are being decided by this common order.

(3.) THE non -petitioner No.3 Insurance Company filed their reply to the claim petitions mentioning therein that the Insurance Company was not informed about the incident/accident. It was alleged in the reply that the accident took place due to rash and negligent driving by the driver of the Jeep bearing No.R.J.14 -1P -2664, who drove the Jeep on wrong side of the road. However, it was admitted in the reply that Trolla bearing No.H.R. 55A -3024 was insured with them. It was prayed in the reply that the claim petitions are liable to be rejected and they cannot be held responsible for paying the compensation as the accident took place due to rash and negligent driving by the driver of the Jeep.