SMT. NORTI, W/O LATE SHRI TEJ PAL, BY CASTE BAIRWA, AGED 36 YEARS Vs. MURAD, S/O SHRI SUBRAT KHAN, BY CASTE MUSALMAN, RESIDENT OF MUKAM POST MOJAMABAD, JAIPUR

JUDGEMENT

(1.) Since both matters-appeal and cross objections, have been preferred against the same impugned judgment of learned Tribunal, they are being decided by this common order.

(2.) The appeal has arisen out of judgment dated 28.3.2005 passed by learned Additional District Judge (Fast Track) No.7, Jaipur City, Jaipur-cum-Motor Accident Claims Tribunal (For short the Tribunal ), in Motor Accident Claim Case No.260/2004, whereby a claim of Rs. 16,93,120.00 has been awarded in favour of appellants and against respondent No.1 Murad, along with interest at the rate of 9% per annum from the date of presentation of the claim petition dated 14.8.2002, till realisation of the amount. Claim against respondent No.2 Gopal Lal Daroga and No.3, National Insurance Co. Ltd., was rejected.

(3.) Aggrieved by the impugned judgment, the claimants have preferred this appeal for enhancement of the award and also to held liable respondents No.2 and 3 as well, to pay the compensation. On the contrary, respondent No.1 Murad preferred cross objections with a prayer to quash and set aside the impugned award passed against him. In alternative, also with a prayer if the claimants are found entitled to receive any amount of compensation, then the entire liability of paying compensation be fastened on respondents No.2 and 3.