R.K.Rastogi, J. - (1.) Both these appeals have been filed against the judgment and award dated 26.5.1997 passed by then IVth Addl. District & Sessions Judge/Motor Accident Claims Tribunal, Deoria in MACP No. 283 of 1995, Smt. Gayatri Devi and others v. Akhtar Hussain and another . Since both these appeals have arisen out of the same judgment in the same case, we have heard them together and now we are deciding them by a common judgment.
(2.) The facts relevant for disposal of both these appeals are that claimants, Smt. Gayatri Devi, Ravindra Nath Nayak, Km. Sunita Nayak, Akhilesh Kumar Nayak and Ashish Kumar Nayak filed the aforesaid motor accident cliams petition against Akhtar Hussain and United India Insurance Co. Ltd. with these allegations that Awadhesh Kumar Nayak, who was son of Smt. Gayatri Devi and Ravindra Nath Nayak and brother of Km. Sunita Nayak, Akhilesh Kumar Nayak and Ashish Kumar Nayak, was returning back from Gorakhpur to his house at Deoria as a pillion rider on a motor cycle in the night between 19/20.5.1995. At about 1.30 A.M. near Tarkulahi Devi turn, Truck no. URO 9687 came behind. It was being driven by its driver rashly and in excessive speed and it hit the motor cycle and consequently Awadhesh Kumar Nayak received fatal injuries. He was taken to hospital and a sum of Rs.5000/- was spent on his treatment, but he died within a period of six hours after the incident. His age was 25 years at the time of accident and he was earning Rs.4,000/- per month by doing business and agency in Life Insurance Corporation. The truck was owned by Akhtar Hussain and was insured with the United India Insurance Company. The petitioners, therefore, claimed Rs.9,80,000/- for loss of dependency, Rs.5,000/- being medical expenses, Rs.60,000/- as special damages, Rs.40,000/- as general damages, Rs.10,000/- for funeral rites, Rs.50,000/- as fixed compensation under section 140 of the Motor Vehicles Act; in all Rs.11,45,000/- plus interest at the rate of 12% per annum.
(3.) The opposite party no.1, Akhtar Hussain filed a written statement in which he admitted the accident, but stated that there was no negligence of truck driver and the accident had taken place due to the negligence of the driver of the motor cycle Virendra Prasad Nayak. The truck was insured at the time of the accident with the Insurance Company and it was being driven by a licensed driver named Ram Preet and so the liability, if any, is to be borne by the Insurance Company.;