SHEO KUMAR SINGH-I,J. - (1.) Both the appeals have been filed against judgment and order dated 31.1.2014 passed by Motor Accident Claims Tribunal District Faizabad in Claim Petition No. 272 of 2013 whereby on application for award of compensation after the death of Om Prakash Yadav the learned Tribunal has awarded an amount of Rs. 21,76,556/- in favour of the claimants. Aggrieved by the order, the appellants Rekha Devi and others have filed First Appeal From Order for the enhancement of the amount of compensation with the assertion that the multiplier has been properly applied by the learned court below and the future prospect has been considered.
(2.) Appellant Reliance General Insurance Company Limited has also filed an appeal on the ground that the said accident did occur due to rash and negligent driving of driver of Bulero vehicle No. U.P.-42-R-1541 and thus the insurance company has been wrongly held responsible for the payment of the award amount. The perusal of the Judgment and Award in question reveals that on 7.8.2013 when Om Prakash was coming from office to his house with his motorcycle No. U.P.-42-U-3980 and reached near Abhishekh Honda Service Centre, vehicle Bulero mentioned above coming from the Faizabad side collided with motorcycle due to rash and negligent driving of the driver and due to that accident, the deceased was seriously injured and brought to the District Hospital Faizabad where he was referred to Medical College, Lucknow and during the transit in the way to medical college, he died. The deceased was working in the irrigation department and getting the amount of Rs. 15,049/- per month. Learned court below after hearing both the parties and after appraisal of the evidence documentary and oral decided the claim petition and awarded the amount as above.
(3.) Learned counsel for appellant on behalf of Reliance General Insurance Company Limited has submitted that the vehicle Bulero was involved in the accident while replying the learned counsel for respondent-appellant in the second appeal has submitted that the police department investigated the offence after registration of the first information report and submitted the charge sheet before the court, wherein it was found that the aforesaid vehicle was involved in the accident. The fact was supported by The New India Assurance Company Limited v. Lekhraj and others reported in 2009(74) ALR 65 Allahabad .;