(1.) BOTH these two appeals by the owner of the vehicle, under Section 173 of the Motor Vehicles Act 1988 (for short the Act) arise out of the same motor accident and have been preferred against the common judgment and award dated 31.01.1991 passed by the learned Motor Accident Claims Tribunal/III Additional District Judge, Dehradun (for short the Tribunal), Dehradun in Motor Accident claim Petition Nos. 72 of 1984, Mam Chand Gupta and others Vs. State and 73 of 1984, Anurag Gupta Vs. State and others, therefore, for the sake of convenience, both the appeals are being decided by this common judgment.
(2.) IN Claim Petition No. 72 of 1984, Sri Man Chand Gupta Vs. State of U.P. whereby a compensation of Rs. 1,1/2 lac was awarded for accidental death of Brij Kumar Gupta in favour of the claimants along with interest @ 12% per annum as against the opposite parties. The amount paid under Section 92 of the Act was made adjustable towards compensation amount and in Claim Petition No. 73 of 1984, the injured -claimant has been awarded compensation of Rs. One lac along with interest @ 12% per annum for the injuries sustained by him in the accident as against the opposite parties as mentioned in the impugned order.
(3.) RELEVANT facts of the case are that on 22.11.1983, Brij Kumar Gupta (deceased) was coming from Vijay Park Dehradun on Scooter No. DIH 5910 and injured Anurag Gupta, nephew of the deceased was a pillion rider on the said scooter. At about 9 p.m. near Bindal Bridge Chakrota Road, a government jeep No. USK 7683 belonging to Divisional Forest Officer Bijnor and being driven rashly and negligently by its driver Laxman Singh hit the scooterists with the result Brij Kumar Gupta sustained fatal injuries and died on the spot, while Anurag Gupta suffered grievous injuries and he remained hospitalized from 22.11.1983 to 21.1.1984. The report of this accident was lodged with the Police at Cantt. Outpost Dehradun. Compensation worth Rs. Eight lacs had been claimed by the legal heirs of the deceased Brij Kumar Gupta, while injured claimant Anurag Gupta had claimed compensation of Rs. 4,35,000/ - on different counts.