- (1.) All the three appeals have been filed by the appellant-insurance company under Section 173 of Motor Vehicles Act, 1988, against the common judgment and order dated 26.7.2001 passed by the Motor Accident Claim Tribunal, Sitapur, in Claim Petition Nos. 85, 86, and 87 of 2000, where the Tribunal has awarded compensation of Rs. 1,80,000, Rs. 2,04,000 and Rs. 6,65,652 respectively, against the appellant-insurance company. Not being satisfied, these appeals have been filed by the appellant-insurance company. The brief facts of the case are that on 10.2.2000. Sri Devi Sahai Bajpai was going from Village Sitapur to Hardoi on his motor-cycle U.P.-34-3039 alongwith his unmarried daughter Kumari Kanchan and son Bal Krishna. When they reached near Dalatpur Puliya, from the opposite side, a Truck No. H.R.-38/2293 was coming, whose driver was driving it rashly, negligently and carelessly. The Truck hit the motor-cycle, which resulted the death of all the three persons on the spot. Later, F.I.R. was lodged in the Police Station Rampur Kala. Being aggrieved, the claimants have filed three claim petitions, where the compensation in each case, mentioned above, was awarded against the insurance company.
(2.) With this background, Sri Anil Srivastava, learned counsel for the appellant-insurance company submits that the deceased was working as a security guard in Kishan Sahakari Cheeni Mill. The deceased also earned Rs. 2,000 per month by selling milk, but to this effect, no documentary evidence was furnished before the Tribunal. He also submits that due to the extreme winter season in the morning, there was heavy fog and no visibility was there at all. He also submits that on the motor-cycle, three persons were traveling against the law. So, the deceased also contributed towards negligence. Compensation to the third persons cannot be awarded. So, the impugned order is likely to be set aside.
(3.) It is also a submission of the learned counsel that the interest @ 10% is on higher side. Lastly, he made a request to set aside the impugned order passed by the Tribunal.;