- (1.)THESE two appeals filed under Section 173 of the Motor Vehicles Act, 1988, are against the judgment and award dated 14.2.2001, passed by the learned IInd Additional District Judge, Lucknow/Motor Accident Claims Tribunal in Claim Petition No. 324 of 1997, Smt. Indira Srivastava and Ors. v. Doodh Nath and Ors. whereby the learned Tribunal awarded a sum of Rs. 20,00,000 as compensation to the claimants Smt. Indira Srivastava, Km. Reshma Srivastava, Km. Ritika Srivastava and Master Rohit Srivastava, wife and children of deceased R.K. Srivastava, who died due to injuries which he sustained in the accident which took place on Ashok Marg, Lucknow on 27.9.1997 at 1.25 a.m. when he was travelling by autoriksha within the circle of Police Station Hajratganj, Lucknow.
(2.)F .A.F.O. No. 171 of 2001 has been filed by the appellant National Insurance Company Ltd., Lucknow to set aside the aforesaid judgment and award dated 14.2.2001 and to pass such other order which this Court may deem fit and F.A.F.O. No. 246 of 2001 has been filed by the claimants to award the interest from the date of claim till the date of payment.
Since two appeals have been preferred against the same judgment, they are being disposed of by a common judgment.

(3.)THE brief facts are that R.K. Srivastava aged about 45 years was employed in Gabriel India Ltd. and was drawing salary of Rs. 19,364 per month. On 27.9.1997, in the night, he hired an auto -riksha from Charbag Railway Station, Lucknow. When the auto -riksha reached near Ashok Marg, it met with an accident with Mahendra Commander Jeep bearing Registration No. U.P. 40/A -2159 which was being driven by its driver rashly and negligently. The driver of auto -riksha tried his level best to avoid the accident but in spite of his best efforts, the Mahendra Commander Jeep which was being rashly driven at a very high speed by its driver hit the auto -riksha and in the accident Sri R.K. Srivastava and co -passenger Tanuj Jain sustained injuries. The two Injured were taken to the hospital by the police but Sri R.K. Srivastava succumbed to his injuries. The dependents of Sri R.K. Srivastava filed claim petition under Section 166 of the Motor Vehicles Act before the Motor Accident Claims Tribunal, Lucknow, for compensation. The Motor Accident Claims Tribunal after appreciation of the evidence and the material on record recorded the finding that Sri R.K. Srivastava received injuries and died because of rash and negligent driving of Mehendra Commander Jeep by its driver.