HASTIMAL LODHA Vs. SHAKUNTALA KUMARI

JUDGEMENT

(1.) BOTH the appeals have arisen out of the common award dated 5.9.1994 passed by the learned Motor Accidents Claims Tribunal, Jaipur City, Jaipur, (for short 'the Tribunal'), in the Motor Accident Claim Case Nos. 566 and 728 of 1987, relating to the same accident that took place on 27.4.1987. Both the appeals involve a common legal question, therefore, they are being decided by this common judgment.

(2.) IT is alleged that on 27.4.1987 at about 3.30 p.m., Banwari Lal and Harishchand Kumar were going on a scooter from Tilak Nagar towards Moti Doongri Road, a bus bearing No. RRZ 3851 collided with the scooter from back. The scooter was driven by Harishchand Kumar and Banwari Lal was pillion rider. The bus was driven by Ismail Khan rashly and negligently. Both Banwari Lal and Harishchand Kumar sustained injuries in the accident and ultimately, both of them expired. The bus was owned by Hastimal Lodha and it was insured with National Insurance Co. Ltd.

(3.) HASTIMAL Lodha, the owner of the bus, has preferred both these appeals relating to both the claim petitions. Appeal No. 1080 of 1994 is with regard to the death of Harishchand Kumar, whereas the Appeal No. 1081 of 1994 relates to the death of Banwari Lal in the accident.