SHASHI SHARMA; NAINA DEVI Vs. DEVI SINGH

JUDGEMENT

(1.) These two appears arise out of award td.1.12.1995 passed by the MACT, Rajsamand deciding claim case No.137/1991 - Smt. Shashi Sharma V/s Devi Singh and ors. and claim case No.138/1991 - Smt. Naina and ors. V/s Devi Singh and ors.

(2.) In an accident which occurred on 11.6.1988 at around 3.30 p.m, when the deceased Dr. Surendra Sharma was going on along with another deceased compounder Govind Ram on his scooter No. RNH 9282 from Tatgarh to Bhim, they met with a truck No. RNW 1161 and as a result of said accident, both these persons aged 31 and 28 years respectively lost their lives. Both were Government servants.

(3.) The learned Tribunal held that both the vehicles were at fault, namely, scooter driver being doctor Surendra Singh to the extent of 20% and driver of the Truck Devi Singh to the extent of 80%. 4. Being aggrieved by the said award, the claimants have approached this Court by way of present appeals seeking enhancement of compensation awarded by the Tribunal and also on the ground that the Tribunal has wrongly held the driver of the scooter liable for the said accident to the extent fo 20%.