GYARSI DEVI PAREEK Vs. BANSHIDHAR SAINI

JUDGEMENT

(1.) Since both the appeals have arisen out of the same accident, hence they are decided by this common order.

(2.) Appellants have filed these two appeals challenging the award dtd. 1/3/2011 passed by the learned Additional District and Sessions Judge (Fast Track) - cum - Motor Accidents Claim Tribunal, Sikar (for short "the Tribunal") seeking enhancement of compensations.

(3.) Brief facts of the appeal are that deceased Prem Kumar and his brother-in-law (winner) Rajender, both were coming on own motorcycle bearing No. RJ18-SB-3397 from Simarla to Kotri on 25/7/2007. Prem Kumar was driving the motorcycle and Rajender was pillion rider. When they reached near the agricultural field of Sultan Dhaka; at a distance at 2.30 PM a pickup Jeep bearing No. RJ 14-2G-3722 came with rashly and negligent driven by Banshidhar Saini and hit the motorcycle by wrong side by which Om Prakash and Rajender got grievous injuries. Prem Kumar died at the spot and Rajender Kumar died in hospital. Claimants sought compensation by way claim petitions in the learned Tribunal. The learned Tribunal after hearing both the parties, awarded claim of Rs.4,93,000.00 to the claimants in claim petition and Rs.6,11,000.00 to the claimants in other claim petition. S.B. Civil Miscellaneous Appeal No. 2921/2011