ATTAU RAHMAN MASOODI, J. - (1.) THESE two appeals under Section 173 of the Motor Vehicles Act, 1988, namely, FAFO No. 258 of 2011 filed by the insurance company and FAFO No. 260 of 2011 filed by the owner, arising out of a common award rendered in Compensation Petition No. 391 of 2008 on 2.12.2010, having been heard together, are being disposed by a common judgement.
(2.) THE insurance company has assailed the award primarily on the ground that the offending vehicle though being insured was not driven by a driver holding a licence valid for driving Motor Cab. Moreover, the accident causing death of the victim having occurred on account of contributory negligence, as such, exoneration of the insurance company from liability of payment of compensation is claimed, besides impugning the penalty of interest imposed by means of the impugned award.
(3.) THE owner by means of FAFO No. 260 of 2011 assailing the award to the extent that the liability has wrongly been fastened on the owner of the vehicle, has prayed for setting aside the impugned award. Brief facts of the case are that the victim (deceased) Jai Prakash Rai was a Constable working in U.P. Police Department and was posted in district Unnao. The deceased used to carry out the duties of messenger between the head office at Lucknow and district headquarters at Unnao. On 23/24.6.2008 while the deceased was travelling by bicycle near Jiamau, Lohia Path, Kalidas Marg, Lucknow, a rashly driven Indica car bearing no. UP32 BN 2922 hit him from the back causing serious injuries and the victim, on being taken to a nearby hospital i.e. Civil Hospital, Lucknow was reported to be dead, after medical examination. At the relevant point of time, the age of the deceased was 50 years and on the basis of his monthly salary of Rs. 15,000/ -, coupled with the income from agriculture to the tune of Rs. 2000/ - p.m., compensation of Rs. 26,52,000/ - was claimed by the family members of the deceased Jai Prakash in lieu of his monthly income. Besides, a sum of Rs. 9,00,000/ - was claimed towards loss of education, future/career of the dependents of the deceased and physical and mental agony, Rs. 4,00,000/ - towards loss of love and affection and Rs. 15000/ - towards cremation and funeral. A total sum of Rs. 41,67,000/ - was claimed by the family members of the deceased towards compensation.;