TULSA RAM Vs. HANSA RAM

JUDGEMENT

(1.) Both these appeals have been filed by the claimants-appellants, against the common judgment and award dated 2.3.2007 passed by learned Motor Accidents Claims Tribunal, Bhinrnal in M.A. C.T, Case Nos. 53 of 2003 (C.M.A. No. 371 of 2008) and 54 of 2003 (C.M.A. No. 347 of 2008) by which the learned Tribunal awarded compensation of Rs. 57,635 and Rs. 56,722 (including loss to jeep of Rs. 33,222) along with interest at the rate of 6 per cent per annum respectively in each case in their favour and against the respondents. In both the appeals common questions of law and facts with regard to enhancement of compensation have been raised, therefore, they were heard together and are being disposed of by a common judgment.

(2.) The brief facts of the case are that on 25,9.2002 claimants Tulsa Ram and Deen Mohammed were going in a jeep bearing No. GAT 3689, the jeep was being driven by Deen Mohammed. At about 7.30 p.m. when they reached Dharad Road between Pratappura Pump and bridge a jeep bearing No. RJ 16-C 1126 which was being driven in a rash and negligent manner and with a high speed by its driver Hansa Ram (non- claimant No. 1), came from front side and hit their jeep, as a result the claimants- appellants Tulsa Ram and Deen Mohammed sustained grievous injuries. A report of the incident was filed at Police Station, Sanchore and F.I .R. No. 262/2002 was registered and the police, after usual investigation, filed challan against the driver cum- owner of the said jeep for committing the offence of rash and negligent driving and causing injuries to claimants-appellants. It was further submitted that the said jeep was owned by Hansa Ram and was insured with respondent No. 2. Therefore, it was stated that both the respondents are responsible for payment of compensation to the claimants.

(3.) The claim applications were filed by the claimants-appellants before the Motor Accidents Claims Tribunal, Bhinmal, District Jalore under section 166 of the Motor Vehicles Act for awarding adequate compensation for the injuries received by them in the said motor vehicular accident.