JUDGMENT :

VINIT KUMAR MATHUR, J.

1. The present misc. appeals arise out of the same accident involving similar facts, therefore, they are being decided together by this common judgment.

2. Appeal No. 467/2001 arises out of the MACT Claim Case No. 456/94 decided on 09/01/2001 for the payment of compensation on account of the death of Anil who was the son of the appellants, whereas Appeal No. 466/2001 arises out of the MACT Claim Case No. 457/1994 decided on 09/01/2001 wherein the appellant Nandlal prayed for compensation to be paid to him for having suffered injuries in the accident.

3. In pursuance of the two claim petitions preferred before learned Motor Accident Claims Tribunal, Bhilwara being Claim Case No. 456/94 (for the death of Anil) and 457/94 (for the injuries suffered by Nandlal), learned Tribunal framed seven issues.

4. The issue No. 1 in both the claim cases read as under:-

^^1- vk;k izkFkhZx.kksa ds iq= dh e`R;q foi{kh la- ,d ds LokfeRo] foi{kh la- 3 ds ikl chfer thi ua- vkj-ts-06@lh& 1218 dks mlds pkyd xksre }kjk mrkoysiu o ykijokgh ls pyk;s tkus ds dkj.k gqbZ \

--- izkFkhZx.k^^

Claim Case No. 457/94

^^1- vk;k izkFkhZ foi{kh la- ,d ds LokfeRo] foi{kh la- 3 ds ikl chfer thi