Vishnu Chandra Gupta J.—

As all the Motor Accidents Claim Petitions are related to one and same accident and the question of law and facts involved in all the four appeals are common, therefore, all these four appeals are being decided by this common judgment.

These appeals under Section 173 of Motor Vehicles Act (hereinafter referred to as the 'Act') relating to four different awards passed on 6.1.2010 by the Motor Accident Claims Tribunal/Additional District Judge, court No.1, Lucknow (In short 'Tribunal') dismissing all the Motor Accident Claim Petitions having numbers 305 of 2003, 306 of 2003, 307 of 2003 and 308 of 2003.

Brief facts of the cases for deciding these appeals are that on 3.5.2003 at about 8.00 a.m. appellant Pyare Lal was going on scooter alongwith his wife Smt. Madhu aged about 26 years, niece Km. Babli aged about 3 years and son Prashant Kumar aged about 2 years to L.D.A. Colony and when he reached at over bridge Kanausi, a truck having registration No. U.M.O-9988 coming from the side of Barabirva and driven by its driver in rash and negligent manner hit the tempo having registration no. U.P. 32/Z-6901. Thereafter the truck became dis balance and over turned. The c

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