JUDGEMENT
B.S.VERMA, J. -
(1.)ALL the four appeals under section 173 of the Motor Vehicles Act, 1988 (for short the Act), preferred by the United India Insurance
Company insurer of the Truck in question, have arisen out of the same
motor vehicle accident and common questions are involved for
determination in all the four appeals, therefore, all these appeals are
being decided by this common judgment.
(2.)AT the outset, it may be mentioned that A.O. No. 258 of 2002 has arisen from the judgment and award dated 3 -7 -2002 passed by the Motor
Accident Claims Tribunal/Additional District Judge, Udham Singh Nagar(for
short the Tribunal Udham Singh Nagar) whereby a compensation of Rs.
61,000/ - along with interest @ 7% per annum was awarded in favour of the claimant Jogendra Singh for the death of his son Ranjeet Singh, who was
driver of the U.P.S.R.T.C. bus. The compensation was payable by the
appellant Insurance Company. A.O. No. 260 of 2002 has arisen from the
judgment and awarded dated 3 -7 -2002 passed by the aforesaid Tribunal
whereby a compensation of Rs. 52,000/ - was awarded in favour of the
claimant, who is the daughter of deceased Narayan Singh, along with
interest @ 7% per annum payable Rs. 26.000/ - each along with interest by
the appellant Insurance Company and the U.P.S.R.T.C. as mentioned in the
impugned order.
(3.)A .O. No.389 of 2003 has arisen from the judgment and award dated 25 -8 -2003 passed by the Motor Accident Claims Tribunal/District
Judge Haridwar (for short the Haridwar Tribunal) in Claim Petition No. 81
of 99, whereby total compensation of Rs. 2,49,500/ - along with interest @
99% per annum payable Rs. 1,24,750/ - each by the U.P.S.R.T.C. and the appellant was awarded in favour of the claimants, who are legal heirs of
the deceased Shambhu Lal. Rider of interest @ 99 % per annum was put if
the compensation is not paid within a period of one month as directed by
the Tribunal. A.O. No. 390 of 2003 passed by the Haridwar Tribunal in
Claim Petition No. 78 of 1999, whereby claim petition was decreed for
compensation of Rs. 99,500/ - and the U.P.S.R.T.C. and the appellant
Insurance Company was directed to pay Rs. 49,750/ - each to the claimant
Rama Devi, widow of deceased Chunni Lal. Rider of interest @ 9% per annum
was put if the compensation is not paid within a period of one month as
directed by the Tribunal. Deceased Ranjeet Singh was driver in the
roadways bus, aged 30 years and was earning Rs. 6,000/ - per month as his
salary. The claim petition was preferred for compensation of Rs. 20 lacs
for his death. Deceased Narayan Singh was aged 55 years and earning Rs.
5000/ - p.m. from agriculture was a passenger in the roadways bus and compensation of Rs. Five lacs was Claimed for his death. Deceased Shambhu
Lal was said to be aged 28 years and earning Rs. 2,500/ - per month as his
wages, and compensation of Rs. 13,70,000 was claimed for his death.
Deceased Chunni Lal was stated to be aged 60 years and earning Rs.
35,000/ - per annum as contractor and the claimant had claimed total compensation of Rs.10,20,000/ - for his death.
Relevant facts giving rise to the present appeals are that on
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