MITALI Vs. KANU SINGH

JUDGEMENT

(1.) By way of these misc. appeals, the appellants have challenged the order dtd. 23/8/2017 passed by the learned Judge, MACT, Sagwara, District Dungarpur in MACT Cases Nos. 208/2015 and 209/2015; whereby, the learned Tribunal has partly allowed the claim petitions of the appellants and awarded quantum of compensation in their favour while holding the respondents-owner and driver, liable to pay the said quantum of compensation.

(2.) Since common questions of facts and law are involved in both these misc. appeals, therefore, the same are decided together by this common order.

(3.) Brief facts of the case are that on 8/9/2011, deceased Naveen and Bhavya were returning to their home with one of their relatives on a motorcycle from Ambaji Temple. At about 12.00 PM near Sembaliya Village, a GSRTC bus bearing Registration No.GJ-18/Y-4898, driven in a rash and negligent manner, dashed to their motorcycle from behind and as a result whereof, Naveen and Bhavya sustained injuries and they died on the spot. FIR for the said incident came to be lodged at Police Station Kheraj (Sabarkantha) and charge-sheet came to be filed against the driver of the offending bus. Claim petitions were filed by the claimants before the learned Tribunal under Sec. 166 of the Motor Vehicles Act, 1988 for claiming compensation with interest. Respondents were summoned through the notices and they filed reply to the claim petitions while denying averments contained in the claim petition.