- (1.) This is a First Appeal From Order under Section 173 of the Motor Vehicles Act has been preferred against the impugned award dated 17.11.2007, passed in M.A.C.P. No. 186 of 2003 by Motor Accident Claims Tribunal/Addl. District Judge, Court No. 1, Lakhimpur Kheri. Heard learned Counsel for the appellant and learned Counsel appearing for the respondents and also perused the record.
(2.) One Ram Jash son of Asharfi Lal boarded bus No. D.L. 1P. 0064 to travel from Laukhania to Dhakherwa. An altercation took place between Ram Jash and the conductor of the bus Shri Guddu alias Istiyaq Ali with regard to fare. Ram Jash felt that the conductor is realising higher fare than what is required under the rules. During the course of altercation, Guddu alias Istiyaq Ali pushed Ram Jash out, in consequence thereof, Ram Jash fell down on the road and sustained injuries. Later on, Ram Jash succumbed to the injuries on being brought to the hospital. Ram Jash was aged about 21 years and was agriculturist and was also doing some business. The claimants approached the tribunal for payment of compensation under Section 166 of the Motor Vehicles Act. The tribunal has framed the following issues while adjudicating the controversy: 1. Whether on 7.3.03 at about 2 p.m. Ramjash (deceased) was travelling in Bus No. D.L. 1P 0064 and that there was altercation between Conductor Guddu O.P. No. 1 and the deceased on the issue of realising more rent and that O.P. No. 1 pushed Ram Jash from the Bus and he sustained injuries and died? If so its effect? 2. Whether Driver of the said Bus was having valid and effective driving licence at the time of alleged accident? If so its effect? 3. Whether the Bus was insured on the date of alleged accident? If so its effect? 4. Whether the petitioner is entitled to any compensation and if so, to what amount and from which of the o.ps.?
(3.) The parties led their evidence. On behalf of the claimant, P.W. 1 Smt. Saroj Kumari who happens to be the wife of the deceased appeared. P.W. 2 Ramu Giri is an eye-witness and is said to had been travelling in the bus along with Ram Jash. He stated that some tussle with regard to payment of fare took place with bus conductor Guddu alias Istiyaq Ali and in consequence thereof, Ram Jash fell down from the bus and sustained injuries. It has been further stated by Ramu Giri that it was the bus conductor who pushed down Ram Yash and in consequence thereof, he sustained injuries.;