- (1.) HEARD learned Counsel for the appellants and learned Counsel for the respondents.
(2.) THESE three appeals have been filed against the award dated 7.3.2006, rendered by the Motor Accident Claims Tribunal/Additional District & Sessions Judge, Court No. 28, Barabanki, relating to the same accident. Hence, with the consent of the parties' counsel, they are decided through the present common judgment. Brief facts, as emerged from the argument advanced by the learned Counsel for the appellants and the record, are that on 6.1.2001, the deceased Rajendra along with his wife Smt. Foolmati and minor female child Seema was going to purchase medicines from medical shop on his cycle. The deceased Rajendra was riding the cycle whereas his wife and daughter Seema were sharing the seat. When the deceased arrived near Rasauli, a Maruti Gypsy No. U.P. -42 -C -3212, bearing board of D.F.O., Faizabad driven rashly and negligently hit the cycle from back side. All the three persons were dragged with the Jeep to a short distance. In consequence thereof, the cycle was crushed and all the three persons succumbed to the injuries at the spot. A First Information Report under Crime No. 5/2001, under Sections , , I.P.C. was lodged. The post -mortem was conducted. The dependents of the deceased approached the tribunal for payment of compensation. The tribunal framed three issues - the first relates to the accident dated 6.1.2001 occurred at about 2 O' Clock day time at Barabanki -Faizabad Road, near village Rasauli with Gypsy No. UP 42 -C -3212. Issue No. 2 relates to rash and negligent driving on the part of the motor vehicle driver.
(3.) ON behalf of the claimant, Smt. Birja Devi, P.W.1 and Manoj Kumar, P.W.2 appeared and established that the accident occurred because of rash and negligent driving of the vehicle on the aforesaid date and time.;