KRISHNA SINGH,J. - (1.) FAFO 1612 of 2014 has been filed by the claimants being aggrieved against the impugned judgment and award dated 5.3.2014 passed by the Motor Accident Claims Tribunal/Additional District Judge, Bijnor in MACP No. 23 of 2013 (Smt Kusum Lata and others v. U.P. State Road Transport Corporation and another) awarding compensation to the tune of Rs. 16,50,330/- along with 6% interest per annum inter-alia on the ground that compensation awarded by the Tribunal is inadequate and also that the Tribunal has not worked out compensation as contemplated in law.
(2.) Per contra FAFO No. 1549 of 2014 has been filed by the UPSRTC, owner of the offending roadways bus against the said impugned judgment and award on the ground that compensation awarded by the Tribunal is excessive and also that the Tribunal has not calculated the compensation as contemplated in law.
(3.) The facts in short are that on 9.12.2012 deceased Harkesh Singh was going to Syohara from Dhampur by riding on his motor-cycle and when he reached near Village-Jhilla Devra Nursery at about 10:45 A.M., a roadways bus bearing registration No.UP 23-T-2065, which was driven rashly and negligently with a very high speed came from opposite side and dashed motorcycle as a result of which deceased sustained grievous injuries, thereafter, he was immediately shifted to Government Hospital, Syohara for treatment. Since, the condition of the deceased was very serious, therefore, he was taken to Moradabad by his family members but in the way he died. FIR of the said accident was lodged at Police Station-Syohara, District-Bijnor under Sections- 279, 304A and 427 of the Indian Penal Code against the unknown vehicle. After investigation in the case police has submitted the charge-sheet against the driver of the said roadways bus under Sections 279, 304A and 427 of the Indian Penal Code. Post-mortem of the deceased was conducted by the Doctor. The deceased was aged about 34 years. At the time of accident deceased was posted as Lecturer at Shanti Niketan Institute of Technology, Rahu, Nangli and getting salary of Rs. 25,000/- per month. Claimants are the legal representative and dependent of the deceased.;