- (1.) Heard Sri Prabhakar Tewari, learned Counsel for the appellants, learned Counsel for the respondents and perused the record. The present first appeal from order has been preferred under Section 173 of the Motor Vehicles Act against the impugned award dated 28.8.2003, passed by the M.A.C.T./Ist Additional District Judge, Gonda in M.A.C. No. 34 of 2001, Smt. Vidya Devi and Ors. v. U.P.S.R.T.C. and Anr.
(2.) The brief facts, giving rise to the appeal, are that Ram Bahore Pandey, who happens to be driver of the appellants' bus was killed by robbers on 22nd June, 2000. He was driving the Bus No. U.P. 42C 1505 carrying the passengers from Delhi to Gonda in the intervening night of 22/23rd June, 2000 on G.T. Road within the Police Station- Rampur, district-Sitapur, near Khageshia Mau, the said bus was stopped by the robbers. During the course of night robbery, driver of the. bus, Ram Bahore Pandey, had tried to oppose the robbers from looting the bus and in consequence thereof, he was killed by the robbers. An F.I.R. of the incident was lodged and the claimants-dependents of the deceased, Ram Bahore Pandey, filed a claim petition under Section 163A read with Section 167 of the Act and Rule 204 of the U.P. Motor Vehicle Rules, 1998. The dependents-claimants of the deceased have claimed compensation to the tune of Rs. 5,80,000.
(3.) The Tribunal has framed Issue No. 1 with regard to consequential death of Ram Bahore Pandey. During course of the trial, the appellants have filed written statement and have admitted the incident that in the intervening night of 22/23rd June, 2000, Sri Ram Bahore Pandey, was the driver of appellants' bus No. U.P.-42C 1505 and when the bus arrived near Khageshia Mau. it was looted by the robbers. The bus was stopped by the robbers by blocking road by falling of trees.;