JUDGMENT :

P.C. Verma and B.C. Kandpal, JJ.-Since both these appeals u/s 173 of the Motor Vehicles Act, 1988, have been preferred against the judgment and award dated 7.4.2005 passed by the M.A.C.T./Addl. District Judge, Udham Singh Nagar in M.A.C.P. No. 59 of 2003, therefore, the appeals are being decided by this common judgment. M.A.C.T./Addl. District Judge (hereinafter referred as 'the Tribunal') vide aforesaid judgment awarded compensation of Rs. 7,29,500 along with interest at the rate of 6 per cent per annum from the date of presentation of claim petition till the date of final payment to the claimants payable by Oriental Insurance Co. Ltd.

2. Brief facts of the case are that on 10.10.2002, Pramod Kumar Bansal, along with his friends and relatives was returning to his home in jeep No. UP 04-A 7437 after attending 'Kisan Mela' at Pant Nagar and when they reached at Mehtosh Moar, within P.S. Gadarpur, the jeep was stopped in order to urinate by the occupiers of the jeep. Pramod Kumar Bansal was urinating at the corner of the road. Suddenly tractor-trolley bearing registration No. UP 04-B 4145 came there at a high speed and dashed Pramod Kumar Bansal due to which he was seriously injured and was rushed to Bazpur Hospital for medical aid but he died on the way. The information of the accident was sent to the Police Station, Bazpur on 11.10.2002. According to the claimants the deceased Pramod Kumar Bansal was a healthy person and was a contractor in the Forest Department and also a Supervisor in S.D. Seeds Pvt. Ltd. His annual income was Rs. 4,54,850. The claimants have claimed Rs. 80,00,000 as compensation.

Dulhe Khan, owner of the tractor No. UP 04-B 4145, contested the claim petition by filing his W.S. He alleged that the accident occurred due to own fault of the deceased. The tractor driver had valid driving licence and it was insured with Oriental Insurance Co. Ltd.

3. The O.P. Oriental Insurance Co. Ltd. filed its W.S. before the 'Tribunal' and alleged that the driver of the tractor in question was driving it on wrong side and the accident had occurred due to own fault of its driver as he did not stop the tractor at the spot. It is also alleged that the trailer of the tractor was not insured with the insurance company. The monthly income of the deceased averred by the claimants was also controverted.

4. On the basis of the pleadings of parties, the learned Tribunal framed the following issues in the claim petition:

(1) Whether on 10.10.2002 at 5.50 p.m. when Pramod Kumar Bansal was travelling in jeep No. UP 04-A 7437 form Pant Nagar to Bazpur, the accident has occurred at Mehtosh Moar, due to rash and negligent driving of the driver of tractor-trolley No. UP 04-B 4145 in which Pramod Kumar Bansal has died?

(2) Whether the driver of the jeep No. UP 04-A 7437 drove the vehicle on the wrong side due to which the accident has occurred?

(3) Whether the petition is bad for non-joinder of necessary parties, the owner and insurer of jeep No. UP 04-A 7437?

(4) To what relief amount the claimants are entitled to get and from whom?

5. Parties led documentary as well as oral evidence in support of their cases. The learned Tribunal after hearing the learned Counsel for the parties and having gone through the evidence on record, allowed the claim application for compensation of Rs. 7,29,500 along with interest at the rate of 6 per cent per annum from the date of presentation of petition till final payment against Oriental Insurance Co. Ltd.

6. Feeling aggrieved by the impugned judgment and award Oriental Insurance Co. Ltd. has preferred A.O. No. 310 of 2005 for setting aside the award and the claimants have filed A.O. No. 312 of 2005 for enhancement of the compensation.

7. We have heard the learned Counsel for the parties and perused the record.

8. Perusal of lower court record reveals mat Oriental Insurance Co. Ltd. has moved application u/s 170 of the Motor Vehicles Act, 1988, seeking permission to contest the claim petition on all the grounds