G.D.DUBE, J. - (1.) These two appeals have arisen against the judgment and order of Motor Accident Claims Tribunal, Bijnor, allowing the claim of respondents and directing the two appellants to pay Rs.60,000.00. put, of this amount the opposite parties 2 to 4; namely U.P. State Road Transport Corporation (hereinafter referred to as Corporation), regional Manager, U.P. State Road Transport Corporation, Bareilly and Assistant Regional Manager of U.P. State Road Transport Corporation, Bareilly and Moradabad respectively were directed to pay Rs. 40,000.00 and Rs. 100.00 as costs. The appellant New India Assurance Company was directed to pay Rs. 20,000.00 and Rs. 50.00 as costs to the claimants. They were also asked to pay interest at the rate of 6 per cent per annum. Since both the appeals arise out of the same judgment and order, we are deciding the same by this common judgment.
(2.) Some of the facts are not disputed. Prithviraj Bhalla working as commission agent, resident of Muzaffar-Nagar was travelling in a private taxi No. USF 7476 Muzafar Nagar to Noorpur route in district Bijnor on 15-2-1977. It was being driven by Jaipal Singh. U.P. Roadways bus bearing No. USA 8193 was being driven by Javed Akhhtar on Bijnor Behtaur Roads. The two vehicles collided at Noorpur crossing of the aforesaid two roads at 11.20 a.m. The taxi-overturned and fell into a khudd causing serious injuries to Prihaviraj Bhalla. The injured was taken to Government dispensary Noorpur, at 11.50 a.m. After some treatment he was removed to district hospital Bijnor where he succumbed to his injuries at 5.10 a.m. on 16-2-1977.
(3.) The claimants had alleged that the roadways bus was being driven negligently and rashly. There was no negligence on the part of the driver of the taxi. The life expectancy in the family of claimants was alleged to be up to the age of 70 years. It was urged that by that time the deceased would have earned Rs. 1,70,000.00 which the claimants had claimed as compensation.;