- (1.) HEARD Sri R.P. Ram, learned counsel for the appellants and Sri S.K.Pandey, learned counsel for the respondent in First Appeal From Order Nos. 2792 of 2011, 2793 of 2011 and 2794 of 2011 as well as Sri S.K.Pandey, learned counsel for the appellant and Sri R.P. Ram, learned counsel for the respondent in FAFO No.2148 of 2014 and perused the record.
(2.) ALL the above appeals have been filed by the appellants against the judgements and orders dated 7.5.2011 passed by the Tribunal in Claim Petition No.20 of 2009, Claim Petition No.19 of 2009 and Claim Petition No.18 of 2009 arising out of the same accident. Since all the appeals have been heard together, therefore they are being decided by the common judgement and order.
(3.) FACTS in brief for filing the appeals are as follows: As per facts mentioned in the impugned judgements and orders, on 9/10th October, 2008 at about 12.45 hours in the night when deceased Bhura who was the driver of the vehicle Scorpio HR 19 -A/1570 was returning from Bareilly for Sahawar after attending the ring ceremony and many passengers were also sitting in the bus. As and when they reached near Nagaria road the offending vehicle Bus No. UP 80AF 9512 driven by its driver rashly and negligently going on the wrong side dashed to the Scorpio, resultantly the driver and all the passengers sitting in the Scorpio died on the spot. Fir was lodged at P.S. Soron by one R.K.Varshnay. The deceased Bhura was above 22 years, deceased Rajiv Kumar was about 41 years and the deceased Jitendra Gupta was about 44 years and 4 months.;