K.C.AGRAWAL, J. - (1.) THESE three connected appeals arise from the judgment of the Motor Accidents Claims Tribunal, Fatehpur, dated 21 -2 -1979, deciding Claim Petition No. 1 of 1977. The Tribunal partly awarded the claim of Lalta Prasad Srivastava against Rohtas Chandra Gupta, Rama Shanker Sharma, and M/s. Oriental Fire and General Insurance Company Limited, New Delhi. Against the aforesaid award, the three parties felt aggrieved and have filed three appeals in this Court. The details of these three appeals are being given below Z FAFO No. 407 of 1979, Oriental Fire F General Insurance Co. Ltd. v. Lalta Prasad Srivastava; 2. FAFO No. 581 of 1979, Lalta Prasad Srivastava v. Rohtas Chandra Gupta; 3. FAFO No. 728 of 1982, Rohtas Gupta v. Lalta Prasad Srivastava.
(2.) LALTA Prasad Srivastava was the Principal of Chandra Bhan Intermediate College, Damapur, Fatehpur. He was receiving a monthly salary of Rs. 1300/ - in Feb. 1977, when the accident occurred. He was 39 years of age at that time and had seven dependants. According to Lalta Prasad Srivastava, when he was going on a cycle and was on his left near Police Chauki Hariharganj, Truck No. U.S.F. 7229 belonging to Rohtas Chandra Gupta, insured with Oriental Fire and General Insurance Company Limited, Asaf Ali Road, New Delhi, struck him from behind. The truck was being driven by Rama Shanker Sharma alias Ram Sajiwan. It was loaded with iron saria and was being carelessly and negligently driven. Without any horn, the truck came from behind Lalta Prasad Srivastava and struck him. The people of the lacality stopped the truck, but Rama Shanker Sharma managed to escape by jumping from the moving vehicle in a manner that he could not be caught. Lalta Prasad Srivastava was crushed, having come under the wheels of the truck. He was taken to Swarup Rani Nehru Medical College, Allahabad, by an ambulance van where he was kept as an indoor patient initially. As a result of the accident, Lalta Prasad Srivastava suffered serious injuries, on account of which he was permanently disabled. He claimed a sum of Rs. 1,60,000/as compensation as against the opposite parties, mentioned above.
(3.) THE application was contested by Rohtash Chandra Gupta, defendant 1, Rama Shanker Sharma, defendant 2, and Oriental Fire and General Insurance Company Ltd., defendant 3. Rohtash Chandra Gupta denied that the accident occurred due to the negligent driving of the truck by Rama Shanker Sharma, and further alleged that on account of Shiv Ratri day there was huge crowd on the road, and that Lalta Prasad Srivastava lost his balance and came before the truck. In his written statement, Rohtash Chandra Gupta claimed that Lalta Prasad Srivastava was responsible for contributory negligence to the accident and also contended that the amount claimed was excessive and exaggerated.;