(1.) Heard Sri Anurudh Chaturvedi, learned counsel for the appellant, Sri S.K. Mehrotra, learned counsel for the respondent-Insurance Company and perused the record. None appears for the owner or driver of offending vehicle.
(2.) These appeals, under Sec. 173 of Motor Vehicles Act, 1988 (hereinafter referred to as Act), are preferred at the behest of the claimant challenging the judgment and award dtd. 12/1/2007 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.3, Kanpur Dehat (hereinafter referred to as 'Tribunal') in M.A.C.P. Nos.398/2005, 399/2005 and 400/2005 (the Tribunal has passed separate awards).
(3.) The challenge to the decision regarding negligence of deceased and compensation for the death of two children of the appellant and his wife in the road accident which occurred on the fateful day are the twin issues posed for our decision. The finding of Tribunal about liability of insurance company has attained finality and there is no dispute about the same. The accident having caused death of three persons is not in dispute. The involvement of two vehicles is not in dispute. The age of deceased is also not in dispute before us.
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