Om Prakash, J. - (1.) THE above mentioned First Appeals From Order and cross objection have been filed against the judgment and order arising out of the same accident. All the appeals and cross objection have been heard together, therefore, they are being decided by a common judgment and order.
(2.) APPEAL No. 850 of 2008 New India Assurance Company Ltd. Vs. Smt. Sheela Maherey & Others has been directed by New India Assurance Company Ltd. and the Appeal No. 970 of 2008 has been directed by U.P. State Road Transport Corporation against the judgment and order dated 18.12.2007 passed by the Motor Accident Claims Tribunal/Addl. District Judge, Court No. 5, Etawah in M.A.C.P. No. 80 of 2003, Smt. Shila Meherey and Others Vs. U.P. State Road Transport Corporation & Others whereby the Tribunal has allowed the claim petition filed by the claimants for a compensation of Rs. 20,91,250/ -alongwith 6% simple interest per annum from the date of filing of the claim petition till its realization fastening the liability upon the appellant -U.P. State Road Transport Corporation and New India Assurance Company Ltd. in proportion of 50:50. Cross objection has been filed by the claimants in First Appeal From Order No. 850 of 2008 for enhancement of the compensation. Facts in brief for filing the present appeal, are as follows: On 19.1.2002 Kamla Kant Meherey aged about 42 years, Manager of R.B. Automobiles was returning from Agra to Etawah after completing the work of automobile on the vehicle No.U.P. 75 C -1775. The vehicle was being driven by one Sunil Kumar. Other passengers were also sitting in the car. At about 8.30 p.m. as and when they reached near the Makkhanpur the other vehicle belonging to U.P. Roadways Bus No.U.P. 76 C -849, being driven by its driver rashly and negligently, coming from the opposite direction dashed to the car without blowing horn. Therefore, the deceased Kamla Kant Meherey received serious injuries. At first he was taken to Firozabad District Hospital and where from he was referred to Agra. The deceased was admitted in Kayani Hospital at Agra and was under treatment since 20.1.2002 to 30.1.2002. Thereafter he was referred to Delhi for better treatment where he was admitted in Apollo Hospital. During the treatment on 5.2.2002 at about 4.15 p.m. he succumbed to his injuries.
(3.) F .I.R. was lodged on 20.1.2002. As per claim petition accident was the result of sole rash and negligent driving of the offending vehicle -Bus. There was no any negligence on the part of the car driver. Claimants have made parties to the owner and the insurer of both the vehicles. The deceased was earning Rs. 15,000/ -per month as Manager. Earlier he was employed as Manager in the Central Bank of India, Agra. He left the service of the Central Bank of India. Claimants were depended on the income of the deceased at the time of the accident. It was also the case of the claimants that Rs. 4.00 lacs had been spent on the treatment of the deceased. Thus, compensation on account of untimely death of the deceased was claimed by the claimants.;