2013 Supreme(Raj) 1355
VIJAY BISHNOI
Kundanmal – Appellant
Versus
Smt. Hemi – Respondent
For the Appellants:Rajesh Panwar and B.L. Tiwari, Advocates.
For the Respondent:Manoj Bhandari, Vinay Shrivastava and Amit Kumar, Advocates.
JUDGMENT
1. - Against the judgment and award dated 06.08.2003 passed by Judge, Motor Accident Claims Tribunal, Balotra (for short 'the Tribunal' hereinafter) in Claim Case No.41/2001, whereby the learned Tribunal has awarded a sum of Rs. 5,25,000/- along with interest at the rate of 9% per annum from the date of application till realisation in favour of the claimants and fastened the liability of paying the amount of compensation upon the appellants-owners and respondent No.10 - Driver of the vehicle, Appeal No.910/2004 has been preferred by the appellant-owners of the vehicle and Appeal No.356/2005 has been preferred by the claimants for enhancement of the compensation.
2. Brief facts, necessary for disposal of both these appeals are that Sawai Singh, husband of respondent No.1 and father of respondents No.2 to 8 has died in an accident took place on 26.10.2000. It was alleged that when the deceased Sawai Singh, along with his brother AW.2 Mohan Singh, was proceeding towards his village on Bhiyand Road, suddenly a truck No.RJ19-G-4890 came from opposite direction and collided with Moped M-80 bearing No.RJ15-M-466, which was being driven by the deceased - Sawai Singh. In that forehe
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