Sheo Kumar Singh, J. - (1.) First appeal has been filed against the order dated 27.11.2007 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No.1, Unnao in claim petition No. 21 of 2006. Both the petitions have been filed against judgment and order passed in Motor Accident Claims Tribunal in Claim Petition No. 21 of 2006. These are decided by common judgment.
(2.) The perusal of the petition reveals that on 27.3.2005 Chandra Kishore Bajpayee was coming back from Unnao to his residence with Motor Cycle No. U.P.-35-E-7382 with Vinod Kumar Awasthi and when he reached near Murtaza Nagar, the offending vehicle Maruti car No. U.P.-78-K-9119 coming from opposite direction rashly and negligently collided with motorcycle causing serious injuries to Chandra Kishore Bajpayee who expired on the spot. A first information report was lodged in the police station.
(3.) After the death of deceased, claim petition was filed by the family members of the claimants and after giving an opportunity of hearing with filing of written statement and examining the witnesses, the court came to the conclusion that the accident took place due to negligence of both the drivers and by applying the contributory negligence awarded an amount of Rs. 1,39,500/- as compensation.;