- (1.) ALL these three appeals were heard together and are being disposed of by a common judgment as common questions of law and facts are involved. These appeals are under section 110-D of Motor Vehicles Act, 1939.
(2.) ON 15. 3. 1984 in a collision in between bus No. USI 9813 and bus No. DLP 1231, one Ajay Sharma and his sister madhu Shukla lost their lives and husband of Madhu Shukla, i. e. , brother-in-law of ajay Sharma received injuries. Parents of ajay Sharma filed Claim Petition No. 23 of 1984 giving rise to the First Appeal From order No. 336 of 1988. These persons were travelling in bus No. USI 9813. The claim petition was filed by the parents of ajay Sharma on the pleas, inter alia, that the driver of the bus No. USI 9813 in which Ajay Sharma was travelling from moradabad to Rampur was driving rashly and negligently. When the bus reached near village Kunda about 6 km away from rampur towards Moradabad, the bus No. DLP 1231 came from Rampur side and there took place head-on collision between the aforesaid two buses. The driver of bus no. USI 9813 lost control over the speed and it fell into a ditch (khad ). Ajay Sharma and his sister Madhu received fatal injuries. The bus No. USI 9813 was insured with the appellant, Oriental Fire and Genl. Ins. Co. Ltd. , was being plied under the control of U. P. State Road Transport Corporation. The Claims Tribunal decreed the claim Petition No. 23 of 1984 for recovery of Rs. 34,000 against the defendant No. 3 therein, namely, Oriental Fire and Genl. Ins. Co. Ltd. Oriental Fire and Genl. Ins. Co. Ltd. has approached this court by way of above first Appeal From Order No. 336 of 1988. On similar allegations the Claim Petition no. 12 of 1984 was filed by Shreekant shukla, husband of Madhu Shukla claiming compensation for the death of his wife, before the Claims Tribunal and he has been awarded a sum of Rs. 28,600 against the insurance company, the appellant herein by the award dated 30. 1. 1988. Shreekant shukla who was also a co-passenger had received injuries, filed the Claim Petition no. 11 of 1984 for compensation of injuries received by him in the afore-stated accident before the Claims Tribunal and it has awarded a sum of Rs. 24,000 by the award dated 3. 1. 1988 against which the first Appeal From Order No. 428 of 1988 has been filed.
(3.) IT was jointly agreed by the learned counsel for the parties that in all these three appeals, a common question whether award can be passed on the facts of the present case against the insurance company, is involved. These three appeals were heard together and are being disposed of by a common judgment. Issue No. 5 was framed in Claim Petition No. 23 of 1984 to the following effect: 'who is liable to pay compensation', is the point involved in these appeals.;