- (1.) J. C. S. Rawat, J. 1. Since the above appeals are aris ing out of the same accident of Vehicle (Jeep) No. U. P.-06/319 dated 30-08-2002 and involve the same questions of fact and law, therefore, the appeals were heard together and are being disposed of by this common judgment.
(2.) A. O. No. 631 of 2006, under sec tion 173 of the Motor Vehicles Act, 1988 has been filed against the award dated 19-07-2006 passed by the Motor Acci dents Claims Tribunal/district Judge, Pauri Garhwal (hereinafter referred as Tribunal') in M. A. C. No. 54/2005 Shri Sandeep Kumar Vs. Vinod Singh and another, whereby the learned Tribunal had awarded a sum of Rs. 1,46,500/- as compensation against the appellant- the Oriental Insurance Company Limited. The Insurance Company was directed to deposit the amount of compensation within two months from the date of award. In default of payment, the claim ant would be entitled for interest thereon @ 97o per annum from the date of fil ing of the claim petition upto the date of payment. The claimant Sandeep Singh has also filed A. O. No. 764 of 2006 for the enhancement of the award dated 19-07-2006 passed by the Motor Accidents Claims Tribunal/ District Judge, Pauri Garhwal in M. A. C. No. 54/2005 Shri Sandeep Kumar Vs. Vinod Singh and another, whereby the learned Tribunal had awarded a sum of Rs. 1,46,500/- as compensation against the insurer- The Oriental Insurance Company Limited. A. O. No. 532 of 2005, under sec tion 173 of the Motor Vehicles Act, 1988 has been filed against the award dated 05-10-2005 passed by the Motor Acci dents Claims Tribunal/ District Judge, Pauri Garhwal in M. A. C. No. 02/2003 Shri Ram. Singh Negi and others Vs. Vinod Singh and others, whereby the learned Tribunal had awarded a sum of Rs. 3,36,000/- as compensation against the appellant- the Oriental Insurance Company Limited. The Insurance Com pany was directed to deposit the amount of compensation within two months from the date of award. In default of payment, the claimant would be entitled for interest thereon @ 9% per annum from the date of filing of the claim pe tition upto the date of payment.
(3.) BRIEF facts of A. O. No. 631 of 2006 (M. A. C. No. 54 of 2005) are that the claimant-injured had filed a claim petition before the learned Tribunal for compensation of Rs. 6 lakhs alleging therein that on 30-08- 2002 at about 7:00 p. m. the claimant was travelling in (Jeep) Vehicle No. U. P. 06/319 from Chelusain to Dwarikhal. The Vehicle met with an accident in which the claimant suffered grievous injuries on his person. Due to the injuries sustained by the claimant in the accident, his right hand became 65% disabled. It was alleged that the claimant had incurred Rs. 3 lakhs towards his medical treatment. It was further alleged that the claimant-injured was 16 years of age at the time of accident and was earning Rs. 6,000/ - per month from agriculture. Thus, the claimant-injured had filed a claim peti tion for compensation of Rs. 6 lakhs. Brief facts of A. O. No. 532 of 2005 (M. A. C. No. 02 of 2003) are that the claimants had filed a claim petition before the learned Tribunal for compen sation of Rs. 9 lakhs for the death of Satyaveer Singh alleging therein that on 30-08-2002 at about 7:00 p. m. the de ceased was travelling in Vehicle (Jeep) No. U. P. 06/319. Due to rash and negli gent driving of the driver of the vehicle, the vehicle met with an accident result ing in grievous injuries to Satyaveer Singh who succumbed to his injuries on 29-10-2002. It was alleged that the claimants had incurred Rs. 1. 12 lakhs towards medical treatment. It was fur ther alleged that the deceased was 19 years of age at the time of accident and was earning Rs. 2,000/- per month from agriculture. Thus, the claimants had filed a claim petition for compensation of Rs. 9 lakhs.;