- (1.) This first appeal arises out of judgment and award dated 27.5.2006 passed by Shri P. K. Mishra, learned Additional District Judge/Motor Accident Claims Tribunal (hereinafter 'The Tribunal'), Rampur in M.A.C.P. No. 141 of 2004 whereunder the claim of Rs. 12,50,000 as compensation alongwith 4% per annum interest from the date of filing of the claim petition has been allowed.
(2.) Being aggrieved thereby the U.P.S.R.T.C. appellant (hereinafter the appellant) has preferred this appeal. The facts of the case in a narrow compass are recapitulated hereinbelow:
(3.) The petition was moved by the claimant-respondents against appellant and two others under Section 166 of Motor Vehicles Act, 1988, with this allegation that on 1.7.2004 Khalid Hussain, husband of the claimant Smt. Naima Rehman alongwith his brother Kamran Ahmad was coming from Dhamora to Rampur by Motorcycle No. U.P.22-C/0791 with moderate speed on left side of the road and when he reached in front of Wings & Nest Hotel at about 11.30 a.m., the offending bus No. U.P.53-L/9942 being driven by its driver rashly and negligently came from opposite direction and its driver without showing any indicator turned the said bus with the same fast speed on wrong direction towards the said Hotel and collided with motorcycle, in which Khalid Hussain, driver of the motor-cycle sustained grievous injuries and died in District Hospital, Rampur due to his injuries, but pillion rider Kamran Ahmad had narrow escape.;