SHEO KUMAR SINGH,J. - (1.) Both the appeals have been filed against judgment and order dated 31.5.2006 passed by Motor Accident Claims Tribunal/Additional District and Session Judge, Court No.8, Lucknow in MACP No.317 of 2000 Zohra Fatima and others versus Arvind Singh and others where on a petition filed under Section 166 of Motor Vehicles Act for award of compensation in case of death of Rashid Kamal in a motor accident, an amount of Rs. 1,60,720/- was awarded in favour of claimants with 7 and 1/2 % rate of interest per annum.
(2.) The facts of the case reveal that on 7.3.1999 at about 19.30 P.M. when the deceased Rashid Kamal was going through tempo No. U.P. 50/B-7337 from Scooter India to Nadarganj and reached near Tool Room, the offending vehicle HR 29/C/3877 coming from opposite direction rashly and negligently driven by driver collided with the tempo causing serious injuries to the deceased who was later on brought to the Balrampur Medical Hospital, where he died during treatment. The claimants filed the petition before the Tribunal and after giving an opportunity of hearing and after examining the witnesses, the learned Tribunal formed issues as to whether Rashid Kamal died during accident while travelling with the tempo and offending vehicle collided with the tempo causing injuries and death of the deceased and as to whether the impugned accident took place due to rash and negligent driving of the driver involved in it and as to whether the impugned vehicle was being driven by a person having a valid and effective licence.
(3.) After assessment of the evidence, it was found that the accident took place causing injuries and death of the deceased and the driver had valid and effective licence at the time of driving the vehicle.;