(1.) Heard the learned counsel for the parties and perused the record.
(2.) Civil Misc. Appeal No.886/2003 has been preferred by the appellants/claimants for enhancement of the award amount while Civil Misc. Appeal No.44/1999 has been preferred by the appellant insurance company challenging the impugned award dated 13.10.1998 passed by Motor Accident Claims Tribunal, Bhilwara in MACT Case No.476/1994.
(3.) Brief facts as noticed by this Court are that on 25.6.1994, deceased Vinay Kumar, son of the claimants, was travelling from Hyderabad to Delhi in Truck No. HIK 4867 as a second driver. After taking dinner at Village Danta Payra on Bhilwara-Ajmer road, while they were boarding in truck, at that time, Truck No.HR 06-A-4590, which was being driven rashly and negligently, came and hit Vinay Kumar, who suffered various injuries and ultimately died during treatment. CIVIL MISC. APPEAL NO.886/2003 :-