- (1.) SINCE both the appeals arise out of same judgment and award and similar question of fact of law is involved in both the appeals, hence, they are being deiced together.
(2.) BOTH these appeals, under Sec­tion 173 of Motor Vehicles Act, 1988, have been preferred against the same judgment and award dated 22.12.2006 passed by Motor Accident Claims Tri­bunal/Additional District Judge, Kashipur, District Udham Singh Nagar, in Motor Accident Claim Case No. 164 of 2005, Smt. Rajeshwari and others ver­sus Sri Sumer Singh and another. Brief facts of the case as narrated in claim petition are that on 15.10.2000 deceased-Ompal had gone to village Samathal P.S. Pakbada in his relation and on. 16.10.2000 at 5.00 a.m. when he was awaiting passenger vehicle near Tempo Stand at Kailsa Tiraha in Pakbada town, a Maruti Zen Car bear­ing No. UP-25H/8717 being driven by its driver rashly and negligently hit the deceased by coming to its wrong side, due to which deceased died at the spot itself. It has also been alleged that de­ceased was 26 years of age at the time of his death and had been earning a sum of Rs.3500/- per month by working as Salesman. The claimants claimed a sum of Rs.7,00,000/- as compensation along with interest of 12% per annum against opposite parties severally or jointly.
(3.) THE opposite parties in the claim petition contested the claim before the Tribunal and denied their liability to pay compensation to the claimants.;