U.S.Tripathi, J. - (1.) The claimants have preferred this first appeal from the order against judgment/award dated 28.2.1983 passed by the Motor Accidents Claims Tribunal/2nd Additional District Judge, Basti in Claim Petition No. 12 of 1982 dismissing the claim petition.
(2.) The appellants and their mother Bharat Devi filed claim petition before the Motor Accidents Claims Tribunal, Basti for award of compensation amounting to Rs. 1,13,900 (Rupees one lakh thirteen thousand nine hundred only) on account of death of Ram Asrey in a motor accident. The case set up by the appellants in the above claim petition, briefly narrated, was that Ram Asrey, father of appellants aged about 45 years was serving as seasonal peon in Tahsil Basti and was getting Rs. 250 per month as salary. Besides it, he was also earning Rs. 100 from his agriculture. On the evening of 25.4.1977 he was coming on his cycle from Tahsil Basti to his village Dasiya along with Laxmi Shanker Pandey and Shyam Karan. At about 6.30 p.m. when he reached near the village Padiya Pokhara on Basti-Bansi Road, bus No. USB 9705 owned by respondent came from Bansi side and due to rash and negligent driving by the driver of said bus it dashed against cycle of Ram Asrey due to which he fell down and sustained injuries. He was shifted to District Hospital, Basti, where he was admitted and ultimately died on 26.4.77 at about 1 a.m. due to above injuries. The claimants/ appellants, however, filed claim petition on 27.11.1981 along with an application under section 5, Limitation Act for condonation of delay contending that a criminal case regarding accident was pending against the driver and the mother of appellants was advised to file petition after decision of criminal case and that the claimants- appellants were minor and one of the appellants attained majority only on 5.4.81.
(3.) The petition was contested by the respondent on the ground that on 25.4.1977 the bus No. USB 9705 was coming to Basti from Soharatgarh with normal speed and was being driven carefully. When it reached near Padiay Pokhara, the deceased who was coming from the side of Basti on the cycle, suddenly moved his cycle towards right side and came in front of speeding bus. The rear portion of his cycle was dashed against the speeding bus and consequently, he fell down and sustained minor injuries. The driver of the bus took him in the bus and admitted in the hospital. He also lodged report of the occurrence. The accident had not taken place due to rash and negligent driving of the driver, but due to own negligence of the deceased and the claimants were not entitled to any compensation. It also contended that amount of compensation claimed was exorbitant and excessive.;