Sheo Kumar Singh, J. - (1.) Aggrieved by the judgement and award dated 28.01.2011 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.16, Lucknow in Motor Accident Claim Petition No.55/2008, the first appeal from order under Section 173 of the Motor Vehicles Act, 1988 has been filed by the Uttar Pradesh State Road Transport Corporation on the ground that the learned Tribunal has not considered the matter of rash and negligent driving of the another vehicle and fixed the responsibility to pay the amount to the appellant without considering the contribution of negligence of another vehicle. By filing the second appeal, the claimants have agitated that while computing compensation for loss of life of the deceased, relevant documents and settled principles for computing the amount of compensation has not been considered by the learned Tribunal. The contribution of vehicle through which the deceased was travelling or driving was wrongly calculated against the settled norms and annual income has not been properly evaluated by the learned Tribunal. Aggrieved by the amount of award, the claimants have filed this appeal for enhancement of amount of compensation awarded by the learned Tribunal in Motor Accident Claim Petition No.55/2008.
(2.) Both the appeals arise out of the same judgement and awad passed in the same claim petition in the similar facts. Thus, both the appeals are being decided by a common order.
(3.) The contents of the claim petition reveals that on 21.11.2007, the deceased Praveen Pratap was going to attend marriage ceremony of his friend's sister with Tata Indica car No.UP32CB/1399 and when they reached near town area of Kunda in district Pratapgarh, the offending roadways vehicle coming from Lucknow to Allahabad side driving rashly and negligently collided with the car causing injuries to the deceased and later on death on the spot. The deceased Praveen Pratap was a mechanical engineer and doing business of auto parts and service center of maruti car. The deceased was also having two auto mobile firms namely M/s Prabhu Motors and M/s Pratap Car Care Service Centre, took two loans from the Bank to the tune of Rs.30,00,000/- and Rs.7,50,000/- for doing business. He was an income tax payee for the financial year 2006-07 and gross income as shown in ITR is Rs.4,03,347/-. It has further been submitted that in the loan account, he had regularly deposited EMI of Rs.26,000/- per month.;