SANWARMAL Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) The instant civil misc. appeals have been preferred by the respective appellant-claimant under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter as 'the Act') challenging the judgment and award dtd. 28/6/2016 (hereinafter as 'impugned award') passed by learned Motor Accident Claims Tribunal Chittorgarh (hereinafter as 'tribunal') whereby the learned tribunal has partly allowed the respective claim petitions and awarded compensation to the tune of Rs.7,021.00 and 4,963/- and 59,835/-along with interest @9% per annum in MAC Case Nos.144/2009, 145/2009 and 355/2009 respectively, while fastening the liability on the respondents jointly and severally.

(2.) Since all the instant misc. appeals arise out of the same impugned award dtd. 28/6/2016 passed by the learned Motor Accident Claims Tribunal Chittorgarh ('learned tribunal'). Hence, the same are being decided by this common order.

(3.) Brief facts leading to the filing of instant misc. appeals are that on 7/10/2008, the claimants - Sanwarmal, Shyamlal and Sukhdev were traveling on a motorcycle bearing registration No.RJ 06-SA 2707 (hereinafter as 'motorcycle'), to Chittorgarh. When they reached near Achhora, a Maruti Swift Car bearing registration No.RJ-09-CA-1954 (hereinafter as 'the offending vehicle'), being driven in a rash and negligent manner by respondent no.3-driver, came from the opposite side at high speed and dashed into the motorcycle. As a result of the accident, the claimants sustained injuries. Subsequently, the claimants- Sanwarmal, Shyam Lal and Sukhdev filed separate claim petitions - MAC Nos.144/2009, 355/2009 and 145/2009 respectively before the learned tribunal seeking compensation for the injuries sustained by them. Ex-parte proceedings were initiated against the Respondent Nos.2 and 3 (owner and driver) and they failed to file reply as well as evidence. The respondent no.1-insurance company filed its reply to the claim petitions while denying the averments made therein. As all the claim petitions arose from the same accident, the learned tribunal clubbed these claim petitions and on basis of pleadings of the parties framed five issues.