- (1.) Heard Sri Jitendra Narain Misra, learned counsel for the United India Insurance Company Ltd., Sri Jay Krishna Shukla, learned counsel for the vehicle-owner and Sri Mukesh Singh, learned counsel for the claimant.
(2.) There are three First Appeals From Order under Section 173 of Motor Vehicle Act, 1988, challenging the judgment and order/award dated 10.08.2006 passed by the Motor Accident Claims Tribunal/Additional District Judge Court, No. 4 Pratapgarh. The details of above three First Appeal From Orders are given below:- (i) First Appeal From Order no. 847 of 2006, preferred by United India Insurance Company Limited, (ii) First Appeal From Order no. 256 of 2007, preferred by owner of the vehicle, (iii) First Appeal From Order no. 678 of 2008, preferred by the claimant.
(3.) The factual matrix in all three cases is the same that on 09.10.2004, one Sri. Gulab Chandra who was driving a motor-cycle was hit by the speeding Marshal Jeep bearing No. U.P. 70 V 5655, driving rashly and negligently due to which Sri Gulab Chandra had fallen on the road and the jeep driver ran away crushing him as a result of which Sri Gulab Chandra got grievous injuries and with the help of local resident and his nephew he was taken to District Hospital on the way he succumbed to his injuries. At the time of the death, deceased Sri Gulab Chandra was about 43 years of age and having good health. Deceased Sri Gulab Chandra was having his own shop of Urea fertilizer in Derwa Bazar and his monthly income was Rs. 8,000/- per month. FIRST APPEAL FROM ORDER NO. 847 OF 2006 filed by United India Insurance Company;