KAUSHAL JAYENDRA THAKER, VIVEK VARMA
Nirmala Rai – Appellant
Versus
Nirmala Agro Mill Ltd. – Respondent
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 Imtiy
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