ALOK KUMAR Vs. PREM SINGH

JUDGEMENT

(1.) THESE two Misc. appeals under Section 173, Motor Vehicles Act, 1988, for enhancement of award have been filed against one and the same award dated 16.3.1993 passed by Motor Accident Claims Tribunal, Jaipur, in MAC Case Nos. 812/91 (old No. 394/88), Alok Kumar v. Prem Singh and Ors. and 103/93 (old No. 502/88) Smt. Koyall and Ors. v. Prem Singh and Ors. whereby the learned Judge, Motor Accident Claims Tribunal awarded compensation amounting to Rs. 69,600 and Rs. 60,000 respectively in both these appeals. The appellants in both the appeals have prayed for awarding the amount of compensation as was originally claimed by them in the claim petitions filed before the learned Tribunal with suitable rate of interest from the date of filing of the claim petition. For disposal of these appeals, I take the facts of both the appeals one by one. (1) S.B. Civil Misc. Appeal No. 405/1993, Alok Kumar v. Prem Singh and Ors.

(2.) THE facts in nutshell as have been stated in the claim petition are that the mother of appellant Smt. Tara Devi was travelling in Bus No. HYG 4144 on 19.3.1988, at about 8.15 p.m.

(3.) THE respondents non -applicant Nos. 1 and 2, the driver and the owner of the truck filed their reply to the claim petition and pleaded that the truck in question was being driven in a moderate speed and while it was passing by the side of the bus, the deceased, who was vomiting outside the bus -window was injured due to her head being entangled between truck and the bus for which the driver of the bus was responsible. It was also stated that the compensation amount claimed was exorbitant for which there was no justification or basis. They denied their responsibility for the accident and pleaded that even if driver of the truck is found to be responsible then too the truck being insured, the Insurance Company was liable for payment of the compensation amount. They prayed for dismissal of the claim petition against them with costs.