- (1.) Both the aforesaid First Appeals From Order arise out of the same accident and have been connected by the orders of this Court and also involve the same controversy, hence both the appeals are being decided by a common judgment.
(2.) The appellant in both the appeals is New India Assurance Company against whom learned Motor Accidents Claim Tribunal/Additional District Judge, Court No. 1, Unnao, has passed the impugned award directing the Insurance Company to pay compensation to the respondents. The only legal question which arises for consideration in these appeals is as to whether the learned Tribunal has rightly held that the Insurance Company is liable to pay compensation or liability to pay compensation should be shifted to the owner of the offending vehicle.
(3.) On perusal of the impugned award we find that the accident took place on 2.7.2006 near Gautam Inter College, District Basti when the Truck No. U.P, 78 B-7913 while going to Gorakhpur and upon which the deceased were travelling, collided with another Truck No. R.J. 01 G-6858. The deceased who were travelling with their goods on Truck No. U.P. 78 B-7913 died as a result of injuries sustained in the aforesaid accident. The matter was reported to the police by one Amar Nath on 3.7.2006 which was registered at Police Station Kaptanganj, District Basti.;