( 1 ) THIS first appeal from order has been filed under section 173 of Motor Vehicles Act, 1988 against the judgment and award dated 17. 4. 1992 passed by the Motor Accidents claims Tribunal, Bulandshahr in M. A. C. Case No. 149 of 1988, Rajani v. U. P. State road Transport Corporation, whereby the claim petition was allowed and a sum of rs. 2,97,100 was awarded as compensation along with 6 per cent simple annual interest thereon from the date of filing claim petition to the date of actual payment. While awarding said compensation, although opposite party Nos. 1 and 3 (before Tribunal) were held liable for payment of compensation to the claimants to the extent of 50 per cent each and were held jointly and severally liable for payment of aforesaid compensation, but it was further held that the claimants shall be entitled to recover the said amount of compensation either jointly from opposite party nos. 1 and 3 before Tribunal, i. e. , u. P. State Road Transport Corporation and owner of the car or severally from any one of them, hence this appeal by U. P. S. R. T. C.

( 2 ) THE facts leading to the case in brief are that the deceased Surendra Kumar