LOKESH CHANDRA Vs. CHATRA RAM

JUDGEMENT

(1.) THESE two Misc. Appeals, namely, 48/1995, and 69/1995 have arisen out of single accident for which claim case Nos. 64/94 (2/93) and 72/94 (1/93) respectively were preferred by the present claimants before the Judge, Motor Accident Claims Tribunal, Phalodi, District Jodhpur who vide his judgment and award dated 26. 9. 1994 decided the claims petitions by a common judgment and awarded Rs. 40,000/- as compensation in each case. Since in these appeals, common question of law and facts are involved, therefore, these appeals were being heard together to maintain uniformity and convenience of judgment and are being disposed of by this common judgment.

(2.) BRIEFLY stated the facts of the case are that on 2. 12. 1992 at about 1:40 p. m. while Ruchit Kothari and his classmate Chandra Shekhar Soni were going on their cycle from the main gate of Indira Gandhi Nahar Pariyojana, Phalodi towards National Highway No. 15 (which leads from Jaisalmer to Bikaner), at that time, a truck bearing No. RRF-5641, which was coming from the side of Jaisalmer and was going towards Bikaner and was being driven rashly and negligently at a high speed by its driver i. e. , Chatra Ram (respondent No. 1), dashed against the cycle riders, as a result of which Ruchit Kothari (aged 13 years) and Chandra Shekhar Soni (aged 11 years) both got crushed under the wheels of the offending truck and they succumbed to the injuries on the spot. The police also registered a case against the truck driver and after investigation filed a challan against him.

(3.) DURING trial, in claim case No. 64/94 (2/93), PW 1 Lokesh Chandra, PW 2 Pram Prakash, PW 3 Pawan Kumar and PW 4 Laxman were examined and the claimants produced and exhibited documents as Exhibit-P/1 to Exhibit-P/23. In claim case No. 72/94 (1/93), PW 1 Damodar, PW 2 Pram Prakash, PW 3 Pawan Kumar and PW 4 Laxman were examined and the claimants produced and exhibited documents as Exhibit-P/i to Exhibit-P/23. From the side of defence in both the claim cases, respondent No. 1-Charta Ram (driver of truck) was examined as DW-1.