SATISH CHANDRA, J. - (1.) ALL the three appeals have been filed by the appellant under Section 173 of theMotor Vehicles Act, 1988 against the different judgment and award dated 7.10.2006 passed by the Motor Accident Claims Tribunal, Lucknow in Claim Petition Nos. 427, 428 and 411 of 2005 where the compensation was awarded in each case.
(2.) ALL the three appeals are related with the same accident, hence all the appeals are being disposed of by this consolidated judgment and order for the sake of convenience. Briefly, the matrix of the case is that on 24th February, 2004, deceased Sri Bansi Lal was going on a Hero Honda motorcycle no. U -32, AQ -3723 along with Late Sri Munna and his son Late Babua. On Lucknow -Hardoi road near village Golakuan when the deceased was going on motorcycle, the driver of a Tata Sumo No. UP 32, S -7585 came and hit the motorcycle. The driver of Tata Sumo was driving the vehicle rashly and negligently. All the three deceased have died after the brief treatment. The ages of deceased were 38 years, 27 years and 4 years respectively. For the propose of compensation, the Tribunal has taken notional income Rs. 15.000/ - per annum for each deceased and deducting one -third for self expenditure. In addition to the compensation, the funeral charges, consortium etc. were also awarded by the Tribunal. Finally, the Tribunal has awarded the following total compensation: - 1. Sri Bansi Lal Rs. 1,69,500/ - 2. Sri Munna Rs. 1,79,500/ - 3. Sri Babua Rs. 1,52,000/ -
(3.) FROM the record, it appears that the said Tata Sumo No. UP 32, S -7585 was insured from the appellant company. Its driver Sri Raghvendra Singh was holding the valid driving license at the time of accident. A criminal case was registered against the driver of the Tata Sumo. Sri Raghvendra Singh was charge -sheeted under Sections 279, 337, 338, 427 and 304 -A IPC. The Tribunal after examining the entire evidence including the statement of eye witnesses, finally awarded the compensation. Not being satisfied, the appellants are before this Court through the present appeals.;