RAJESH TANDON, J. - (1.)HEARD Sri Ashish Joshi, counsel for the appellant and Sri K.S. Bora counsel for the respondents.
(2.)THIS appeal has been preferred against the Award dated 24.7.2003, passed by the Motor Accident Claims Tribunal, Roorkee.
(3.)THE claimants have preferred a claim petition under section 166 of the Motor Vehicles Act, for the grant of compensation on account of the death of Sri Ajeet Singh in a motor vehicle accident. According to the claimants on the fateful day on 21.5.1998, Ajeet Singh was going to Rooree from Manglore by his scooter. As soon as he reached near Bichauli, a bus No. UP 80 -H 9105 belonging to the appellant Corporation which was, being driven rashly and negligently on the wrong side, dashed the scooter driven by the deceased. The accident was head -on collision. The deceased sustained fatal injuries and died instantaneously. The deceased was 29 years old. He was earning Rs. 2500/ - per month. Claimant no. 1 Smt. Jasbeeri is the widow of the deceased while claimant no. 2 Km. Shushma is his daughter.
The U.P. State Road Transport Corporation has filed the written statement and submitted that the accident did not take place due to rash and negligent driving of the bus driver but at the time of accident the bus was being driven cautiously with a very slow speed. The accident incurred due to rash and negligent driving of scooter by the deceased.

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