ORDER :

1. Heard Sri Mukesh Singh, learned counsel for the claimants/appellants and Sri Inder Preet Singh Chadha, learned counsel for the respondents.

2. In both the above noted appeals, the judgment and award dated 24.12.2015, passed by the Motor Accidents Claims Tribunal (in short 'Tribunal')/Additional District Judge, Court No. 8, District-Faizabad in Claim Petition No. 71 of 2015 [Uday Pratap Singh And Ors. v. The New India Insurance Co. Ltd. and others] has been challenged.

3. Appeal i.e. FAFO No. 254 of 2016 [Uday Pratap Singh And Ors. v. The New India Insurance Co. Ltd. and others] has been filed for enhancement of compensation and modification of the judgment and award dated 24.12.2015. The appeal i.e. FAFO No. 293 of 2016 [The New India Insurance Co. Ltd. v. Uday Pratap Singh And Ors.] has been filed with a prayer to set-aside the judgment and award dated 24.12.2015, passed by the Tribunal.

4. The undisputed facts of the case are that on 16.12.2014, the husband of the appellant No. 3 namely late Vijay Kumar Singh was travelling on the Car bearing Registration No. UP 42-R/2049 and at about 9:50 A.M., the said Car met with an accident at National Highway near Chandpur Saidi Patti with the vehicle bearing Registration No. UP 70-CQ/5758. On account of accident, the husband of the appellant No. 3 received serious injuries and was hospitalized in District Hospital, Sultanpur, wherein on account of injuries sustained in the accident in issue, he succumbed. Thereafter, the Claim Petition No. 71 of 2015 was filed before the Tribunal. The claim petition was filed by the legal heirs of the deceased i.e. father (Uday Pratap Singh), mother (Shanti Singh) and wife (Shweta Singh), who are appellants Nos. 1, 2 and 3, respectively, in FAFO No. 254 of 2016.

5. In the claim petition, for the purposes of compensation, the negligence of vehicle No. UP 70-CQ/5758 was pleaded. With regard to the income, it was pleaded before the Tribunal that the deceased was 35 years old and was Assistant Professor in Kamla Nehru Institute of Physical & Social Sciences, Sultanpur (in short "KNIPSS") and was getting 35,000/- per month as salary. Before the Tribunal, the written statement was filed by the New India Insurance Company (in short "Company") (appellant of FAFO No. 293 of 2016). The written statements were also filed by the owner of the vehicle No. UP 70-CQ/5758 namely Dr. Ravindra Nath Mishra along with Sri Siddharth Mishra, who were impleaded as opposite party Nos. 2 and 3 before the Tribunal in the claim petition. Another written statement was filed by the owner of the vehicle No. UP 42-R/2049 namely Sri Rajendra Krishna Upadhyay along with Sri Vivek Kumar Upadhyay, who were impleaded as opposite party Nos. 4 and 5 in the claim petition before the Tribunal.

6. The Company in the written statement took the following main pleas:-

(i) The vehicle was not being driven by a person having valid and effective driving licence at the time of accident.

(ii) The vehicle was running without a valid permit at the time of accident.

(iii) The vehicle was being driven in violation of terms and conditions of policy of insurance.

(iv) The claim petition is mis-conceived, frivolous, vexatious and is not maintainable.

(v) The amount of compensation is highly excessive and exorbitant.

(vi) There is no cause of action against the Company.

7. The owner of the vehicle No. UP 70-CQ/5758, in the written statement filed before the Tribunal has pleaded that the vehicle is insured with the Company and at the time of accident the vehicle was being driven by the driver, who was having valid driving licence and the fitness certificate of the vehicle was also valid. In addition, it has also been pleaded in the written statement that the vehicle was not involved in the accident in issue.

8. In the written statement filed by the owner of the vehicle No. UP 42-R/2049, it has been pleaded that the deceased Vijay Kumar Singh was travelling in the vehicle No. UP 42-R/2049 and on account of rash a