MANOHAR SINGH Vs. SMT. NARAYANI BAI AND ORS.

JUDGEMENT

(1.) THESE two Civil Misc. Appeals, namely, 2561/2007 and 2569/2007 preferred by the owner of the vehicle, have arisen out of a single accident, for which, claim cases No. 1147/2001 filed by the legal heirs of deceased Ranglal and 202/2002 filed by the injured Banshilal before the learned Judge, Motor Accident Claims Tribunal, Udaipur who vide his judgment and Award dt. 08.02.2005 allowed the claim petition No. 1147/ 2001 and awarded total compensation of Rs. 2,80,270/ - with interest @ 6% per annum from the date of registration of the claim petition i.e. 20.12.2001 and also allowed the claim petition No. 202/2002 and awarded compensation of Rs. 15,000/ - with interest @ 6 % per annum from the date of registration of the claim petition i.e. 04.03.2002 in favour of the claimants and against the sole non -claimant -appellant.

(2.) IN the instant both the appeals, the common questions of law and facts are involved, therefore, the above referred appeals were heard together and they are being disposed of by this common order.

(3.) NON -claimant -appellant Manohar Singh driver -cum -owner of the said Jeep has filed replies in both the claim petitions. In the reply, it was stated that the accident did not occur due to his rash and negligent driving of the said jeep. The rest of the averments made in the claim petition were denied. It was also submitted that the amounts of compensation claimed by the claimants are exorbitant. It was prayed that the claim petitions may be rejected. It is relevant to state that the said jeep was not insured at the time of the accident as nothing has been narrated by the owner in this respect in his replies.