Anil Kumar, J. - (1.) HEARD Sri S.C. Kashish, learned Counsel for the appellant, Sri S.P. Maurya, and Sri S.C. Srivastava, Advocate holding brief of Sri Waqar Hashim on behalf of respondent Nos. 1 and 5.
(2.) BY means of the present appeal, judgment and award dated 10.09.1998 passed by Special/Additional District Judge/MACT, Pratapgarh in MACT No. 57 of 1991 Vasdeo v. Ram Bahadur and Ors. is under challenge. Brief facts of the present case are that on 26.06.1991 at about 02.30 p.m. one Smt. Rajpati wife of Sri Vasdeo (claimant/respondent No. 1) along with one another woman of her village were sitting in the shop belonging to one Sri Raj Bahadur situated at Narahi Chauraha Post Nepatia Thana Sangramgarh, District Pratapgarh. A private bus having registration No. DLP 6422 coming from Babaganj and going through Salwan driven at high speed by the driver rashly and negligently when reached the Narahi Chauraha had collided with another bus having registration No. USZ 593 which was coming from Sangramgarh, as a result of which the bus No. DLP 6422 turned down. As a result of which Smt. Rajpati and Sri Raj Bahadur had died and another woman sitting along with deceased Smt. Rajpati sustained grievous injuries and was admitted to hospital.
(3.) IN view of the abovesaid facts, a claim petition was filed by the claimant Sri Vasdeo, husband of the deceased Smt. Rajpati under Section 166 of the Motor Vehicle Act for a compensation of Rs. 1,73,000/ -, registered as MACP No. 57 of 1991. In the said claim petition Ram Sundar and Sri Ram were impleaded as respondent Nos. 1 and 2 who are the owner and driver of bus No. USZ 593 respectively. Sri Genda Lal and Sri Lal Bahadur sons of Sri Suraj Prasad were impleaded as respondent Nos. 3 and 6, the owners of bus No. DLP 6422 and one Sri Jang Bahadur impleaded as respondent No. 4 and the New India Insurance Company through its Senior Divisional Manager was impleaded as insurer by whom the bus in question was allegedly said to be insured.;