- (1.) J. C. S. Rawat, J. 1. Heard Sri Sudhir Singh learned counsel for U. P Jal Nigam, Sri T. A. Khan learned counsel for the Oriental Insurance Company and Sri Lalit Sharma learned counsel for the claim ants. Perused the record carefully.
(2.) SINCE there is a common ques tion of law and fact involved in all the appeals, therefore, all the aforesaid ap peals have been heard together and are being disposed of by this common judg ment. Appeal from Order Nos. 199/ 2004 & 464/2006 under section 173 of the Motor Vehicles Act have been filed against the award dated 18-03-2004 passed by the Motor Accident Claims Tribunal / District Judge, Nainital (here inafter referred as Tribunal') in M. A. C. R No. 42/1994 arising out of the accident dated 10-08-1993 between the Maruti Car No. UP 02-A-5680 and Truck No. UGQ-9312 at Goraparaw, Haldwani. In M. A. C. R No. 42/1994 the learned Tri bunal had awarded a sum of Rs. 50,000/- to the claimants against the U. P. Jal Nigam as 'no Fault Liability' alongwith interest @ 9% per annum from the date of filing of the claim pe tition till the date of payment. Appeal from Order Nos. 197/ 2004 & 465/2006 under section 173 of the Motor Vehicles Act have been filed against the award dated 18-03-2004 passed by the Motor Accidents Claims Tribunal/district Judge, Nainital (herein after referred as Tribunal') in M. A. C. R No. 41/1994 arising out of the aforesaid accident dated 10-08-1993. But, in this case i. e. in claim petition No. 41/1994 the learned Tribunal had awarded a sum of Rs. 2,49,000/- to the claimants as compensation. The liability to pay the compensation of amount was fastened upon the Oriental Insurance Company and U. P. Jal Nigam as 70% and 30% respectively. The claimants would get in terest @ 9% per annum from the date of filing of the claim petition till the date of payment.
(3.) THE Oriental Insurance Company has preferred two Cross Objections bear ing No. 13836/2006 & 13367/2006 in A. O. Nos. 464/2006 & 465/2006 respec tively challenging the finding with regard to the issue no. 2 "whether the accident took place due to the rash and negligent driving of the driver of Maruti Car or not". The facts in nutshell are that two claim petitions bearing Nos. 41 & 42 of 1994 were filed by the claimants before the learned Tribunal alleging therein that on 10-08-1993 deceased- Smt. Kiran Singhal was travelling from Haldwani to Rudrapur in the Maruti Car No. UP 02-A-5680, which was being driven on a normal speed by its driver-Arvind Kumar (deceased ). When the Maruti Car reached near Goraparaw at about 12:30 p. m. , all of a sudden the offend ing Truck No. UGQ-9312 came from the opposite direction rashly and negligently and hit the said car and due to which the driver of the car Arvind Kumar and Smt. Kiran Singhal had sustained the grievous injury on their persons and they succumbed to their injuries. It was fur ther alleged that Smt. Kiran Singhal was aged about 21 years at the time of ac cident and she was having the qualifi cation in the computer engineering. Hence, two claim petitions bearing Nos. 41 & 42 of 1994 had been preferred by the claimants.;