An appellate court will not interfere with a tribunal's factual findings regarding compensation or liability in motor accident cases unless the decision is proved perverse, illegal, or suffers from material irregularity, upholding the principle of justice and fairness in assessing pecuniary damages.

Presence:-

Mr. Raunak Pant, learned counsel holding brief of Mr. Naresh Pant, learned counsel for the appellant.

Mr. Bharat Tewari, learned counsel for the respondents.

Mr. Sagar Kothari, learned counsel for the claimants.

Hon'ble Pankaj Purohit, J.

These appeals arise out of one and the same accident and therefore there are common issues of facts and law involved in these appeals, hence they are being decided together.

2. The Appeal No. 573 of 2012 is being preferred on behalf of the appellants/claimants for enhancement against the judgment and award dated 15.10.2012 passed by the learned MACT/ First Additional District Judge, Rishikesh, Dehradun, in M.A.C.T. No. 115 of 2009 (Priti and another vs. Subhash Chand Goyal and others) whwereby a sum of Rs. 20,61,844/- was awarded as compensation on accounto of death of Mr. Naresh Kumar Arora (father of the appellants/claimants), Mrs Indu Arora (mother of appellants/claimants) in a motor accident.

3. The Appeal No.56 of 2013 is being preferred u/s 173 of the Motor Vehicles Act, 1988 against the award dated 15.10.2012 passed by the learned MACT/First Additional District Judge, Rishikesh, Dehradun in MACT No.115 of 2009 (Priti & another vs. Subhash Chand Goyal & others), which awarded a sum of Rs. 20,61,844/- along with interest @ 6% from the date of filing the petition till payment against the appellant (United India Insurance Co. Ltd.), opposite party (ICICI Lombard - insurer of the truck no.UK 07 CA/0699) and respondent no. 10 (Truck Driver) jointly and severally.

4. The Appeal No.58 of 2013 is being preferred u/s 173 of the Motor Vehicles Act, 1988 against the award dated 15.10.2012 passed by the learned MACT/First Additional District Judge, Rishikesh, Dehradun in MACT No.116 of 2009 (Priti & another vs. Subhash Chand Goyal & others), which awarded a sum of Rs. 7,45,404/- along with interest @ 6% from the date of filing the petition till payment against the appellant (United India Insurance Co. Ltd.), opposite party ICICI Lombard (insurer of the truck no.UK 07 CA/0699) and respondent no. 10 (Truck Driver) jointly and severally.

5. All the appeals arise out of the same fatal road accident that occurred in the intervening night of 28/29 June 2008 at about 2:00 a.m., near Koyalghati, Haridwar Road, Rishikesh, involving a Santro car No. UA 07 C/3866 and a truck No. UK 07 CA/0699. On the night of 28/29 June 2008, at around 2:00 a.m., deceased No. 1, Naresh Kumar Arora, was travelling in a Santro car No. UA 07 C/3866 along with his family members and driver Arun Prasad.The car was going from Dehradun to Rishikesh. Deceased Naresh Kumar Arora was sitting in the front passenger seat, his wife Indra Arora and son Madhav @ Manav were seated with other relatives, and Ms. Preeti and Ms. Ruchika (the petitioners) were seated in the back seat.

6. When the car reached near the vegetable market at Koyalghati, Haridwar Road, Rishikesh, an animal suddenly came onto the road. While attempting to avoid hitting the animal, the car collided with a truck No. UK 07 CA/0699, which was parked on the road without any parking lights. As a result of the collision, Naresh Kumar Arora, Indra Arora, and Madhav @ Manav died on the spot and driver Arun Prasad, Mrs. Madhu Arun Prasad, Ms. Preeti, and Ms. Ruchika sustained serious injuries.