Anil kumar Sharma, J. - (1.) Challenge in both the appeals is the award dated 19.3.2001 passed by the Motor Accident Claims Tribunal/Special/Additional District Judge,Jaunpur in MACT No. 12 of 1997, Mohd. Yusuf and others v. The Oriental Insurance Company Ltd. and others , so they are being heard and disposed of with this judgment. It appears that on 21.12.96 deceased Mohd. Harun son of Mohd. Yusuf resident of Mohalla Subji Mandi, P.O. and P.S. Machhlishahar, District Jaunpur was travelling in oil tanker registration no. UGT-5385 and the said tanker at about 7.00 A.M. due to rash and negligent driving by its driver had fallen into the river after dashing with a jeep. The deceased aged about 18 years died on account of fatal injuries sustained by him in the accident. The claimants being the parents, brothers and sisters filed claim petition for an award of Rs. 3,00,000/- against the owner, insurer and driver of the aforesaid tanker.
(2.) The Oriental Insurance Company denied the factum of accident stating that the tanker was not being driven by duly licensed driver and it was not insured with them. The owner of the tanker admitted the accident but has charged the driver of jeep no. UP-62A/2180. It was further alleged that the tanker was insured with the Oriental Insurance Company from 26.6.96 to 25.6.97. The driver of the tanker did not contest the claim petition. After evidence of the parties, the Tribunal heard their counsel and through the impugned award has found that the accident took place due to sole negligence of the driver of tanker no. UGT-5385, which was insured with the Oriental Insurance Company and its driver had a valid and effective driving licence. On quantum of compensation, the Tribunal found that the claimants have failed to prove the alleged income of the deceased and has calculated the amount of compensation on his assessed annual income of Rs. 4800/- per annum. The Tribunal found that claimant nos. 3 to 8 are brothers and sisters of the deceased, so in the life time of parents they were not dependent on the income of the deceased. The Tribunal awarded compensation of Rs. 76,800/- only to the parents of the deceased together with simple interest @ 10% per annum.
(3.) Aggrieved, the claimants in FAFO No. 1424 of 2001 and the Oriental Insurance Company in FAFO No. 889 of 2001 have challenged the award. This FAFO has been connected with FAFO No. 1424 of 2001. We have heard Sri Brij Raj Singh, learned counsel for the claimants, Sri N.K. Srivastava, learned counsel for the Oriental Insurance Company in both the appeals and carefully perused the record of the case.;