LAWS(RAJ)-2007-7-91

CHANDRA PRAKASH Vs. RAM SINGH

Decided On July 23, 2007
CHANDRA PRAKASH Appellant
V/S
RAM SINGH Respondents

JUDGEMENT

(1.) Having heard learned Counsel for the claimants- appellants and having examined the record, this Court is satisfied that both these appeals, CMA Nos. 489/2007 and 490/2007, preferred against the common award dated 21.04.2006 relating to the same accident, do not merit admission; and hence, are taken up for disposal by this common order.

(2.) On 26.03.2004, the claimant Chandra Prakash (CMA No. 489/2007) and his wife, the other claimant Smt. Kamlesh (CMA No. 490/2007), were travelling with family in their Fiat car bearing registration No. RJ14 C 8916 coming to Jaipur from Niwai; at about 07:30 p.m., on National Highway No. 12 near Marlipura petrol pump, the car was hit by an oncoming tractor bearing registration No. RJ14 TC 0034; and the claimants-appellants occupying the car sustained varying injuries.

(3.) The appellant Chandra Prakash, stating his age at 40 years and earnings at Rs. 9,000/- per month in machinery parts business, sought compensation to the tune of Rs. 18,40,000/- with the submissions that due to the accident he sustained several injuries on his left limbs including fractures at left shoulder, elbow, and hand resulting in permanent disablement. The claimant-appellant Smt. Kamlesh sought compensation to the tune of Rs. 7,51,000/- with the submissions that she was 36 years of age and apart from being a house wife, was earning Rs. 4,000/- per month. The claimant Smt. Kamlesh stated that she sustained grievous injuries on her head, left arm and leg resulting in disfiguration and permanent disablement.