Point of Law: Motor Accident - High Court, after making a substantial enhancement in the award amount, modified the interest component at a reasonable rate of 7.5% p.a. and we find no reason to allow the interest in this matter at any rate higher than that allowed by High Court.

JUDGMENT :

1. Since similar questions of fact and law are involved in the present appeals, therefore, they are being heard and decided by common judgment.

2. Heard Sri Ram Singh, learned counsel for the appellants, Sri Saurabh Srivastava, learned counsel for the respondent no. 3, United India Insurance Company Limited, insurer of truck, learned Standing Counsel for the State respondent, Sri B.B. Jauhari, learned counsel for the owner of the truck, Sri Ajay Kumar, learned Standing Counsel in FAFO No. 1854 of 2002 and Sri S.K. Mehrotra, learned Standing Counsel in FAFO No. 1856 of 2002.

3. The present appeals have been filed by the claimants against judgment and award dated 28.05.2002 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.10, Allahabad, (in short “ the Tribunal”) in Claim Petitions No. 347 of 1997, 399 of 1997 and 346 of 1997.

4. Brief facts giving rise to the present appeals are that on 22.01.1997 at about 09.00 AM Bashistha Narain Rai, who at the relevant time was posted as Deputy Director in Agriculture Department, Lucknow, along with Imtiyaz Ali, who was posted as Accountant in Agriculture Department, Lucknow, were going to Lucknow from Allahabad by government jeep no. UP 70/B 2416 driven by Shiv Prasad driver. Said jeep head on collided with truck no. UP 27/5513, which was coming from Raibaraeli side near village Arkha, Unchahar. On account of which the driver of jeep Shiv Prasad and Imtiyaz Ali died on the spot while Bashistha Narain Rai received serious injuries. He was treated at PHC, Unchahar, thereafter, he was referred to SGPGI, Lucknow, where he died during the course of medical treatment.

5. The claim petition no. 347 of 1997 has been filed by the legal representatives/dependents of deceased Bashishtha Narain Rai, claim petition no. 399 of 1997 has been filed by the legal representatives/dependents of Shiv Prasad and claim petition no. 346 of 1997 has been filed by the legal representatives/depedents of Imtiyaz Ali.

6. At this stage it is pertinent to state here that against the award dated 28.05.2002 passed by the Tribunal in claim petition no. 346 of 1997 and 347 of 1997, the State of U.P. preferred FAFO No. 1363 of 2015 (State of U.P. through Deputy Director of Agriculture, Allahabad Vs. Shahjhan Begum and others) and FAFO No. 1360 of 2015 (State of U.P. through Deputy Director of Agriculture, Allahabad Vs. Smt. Nirmala Rai and others) before this Court and both the appeals were dismissed on 28.08.2017 by following order :

“After going through the evidence on record and the arguments of the counsel for the parties, we find that the point put forward by the learned Standing Counsel in respect of entire negligence of the truck driver is not established from the record. The evidence on record goes to indicate that there was head on collision between both the vehicles. When there was head on collision, then evidence has to be appreciated. The evidence, which was led, goes to indicate that both the drivers were negligent. The Jeep in question was a Government vehicle. The charge sheet was submitted against the truck driver. It is therefore evident from the conduct of the Investigating Officer that he tried to give undue protection to the Government vehicle by not filing any charge sheet against the driver of the Jeep. The evidence has been led to the effect that the truck owner is responsible, but looking to the pleading of the parties and the site plan as well as the evidence on record, the Tribunal has come to the conclusion that drivers of both the vehicles were negligent and liability of 40% has been fixed upon the Government (owner of the jeep) whereas 60% liability has been fixed upon the owner of the truck. The argument of the learned Standing Counsel is that no such evidence is available on the record on the basis of which negligence of the driver of the Jeep can be fixed,