- (1.) Heard Sri Samir Sharma, learned Counsel for the appellants and learned Counsel for the respondents.
(2.) The appellant, U.P. State Road Transport Corporation is aggrieved by the award dated 17.7.1981, passed in Claim Petition No. 7 of 1979 by the Motor Accident Claims Tribunal, Varanasi. The short fact giving rise to this appeal are that one Sant Kumar Goswami, aged about 38 years was husband of claimant No. 1 and father of the other claimants and was employed as Regional Manager in a firm. He was getting Rs. 1,225 per month + bonus, increment and other perquisites. On 29.4.1979 the deceased was travelling by a three-wheeler tempo from Varanasi to Mughal Sarai and at Malviya bridge Bus No. U.T.N.-3179, belonging to the Corporation, which was being driven rashly and negligently hit the three-wheeler, resulting in. the death of three occupants including Sant Kumar Goswami. The Tribunal framed the issues regarding rash and negligent driving of the bus and the amount of compensation to which the claimants may be entitled.
(3.) On the first issue, the Tribunal upon considering the oral statement of the witnesses produced by the claimants, came to a conclusion that the bus was being driven rashly and negligently and upon the admission of the accident by the driver of the bus.;