Rajiv Sharma, Saeed-Uz-Zaman Siddiqi, JJ. - (1.) Both these F.A.F.O. have been filed against the judgment and award dated 17.01.2003, by the Motor Accident Claim Petition No. 182 of 2001, passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 4, Unnao, arising out of same accident. Hence, we proceed on to decide both these appeals together.
(2.) Brief facts of the case are that on 22.05.2001 at about 2.45 p.m. Jai Singh, Nisar and his minor son Faisal were going to Unnao by motorcycle bearing Registration No. U.P.-35/3519, which was being driven by Nisar and as soon as the motorcycle reached near Singrosi Turn, within P.S. Kotwali, District Unnao on Lucknow-Kanpur highway, it was hit by a rashly and negligently driven truck bearing registration no. U.P.-42-D/2127. In result, Jai Singh, Nisar and his minor son Faisal died instantaneously and F.I.R. to the said occurrence was lodged on the same day. The dependents of Jai Singh have filed Claim Petition No. 182 of 2001 which was allowed by the learned Tribunal and Rs. 95,000/- was awarded as compensation to be paid by the owner of offending vehicle, Ram Singh who in turn has filed F.A.F.O. No. 871 of 2005 for fastening liability on the Insurance Company, whereas F.A.F.O. No. 238 of 2003 has been filed by the claimants for enhancement of the amount of compensation.
(3.) We have heard learned counsel for both the parties and gone through the records.;