RAJNISH KUMAR,J. - (1.) Heard, Shri Akhter Abbas, learned counsel for the appellant and Shri M.A.Siddiqui, learned counsel for the respondents.
(2.) This First Appeal From Order has emanated from the judgment and award dated 25.09.2006 passed by the Motor Accident Claims Tribunal/Special Judge (E.C.Act), Lucknow in Claim Petition No.295/2005:Mohd.Kasim Faruki and others Versus U.P.State Road Transport Corporation awarding a sum of Rs.1,64,500/- together with 6% interest from the date of filing of claim petition.
(3.) The brief facts of the case giving rise to the present appeal are that on 17.02.2003 at about 9.45 in the morning Roadways Bus No.UP-40C-0902 was coming out of the bus stand at Kaiserbagh Bus Stand, Lucknow and its conductor was calling the passengers for Bahraich. The brother of deceased Km. Bushra @ Muwashisra raised voice to stop the bus on which the bus stopped. While the deceased was climbing on the bus, the driver moved the bus forward with jerks, therefore the deceased came under the rear wheels of the bus. The deceased suffered serious injuries. She was immediately admitted in Blarampur Hospital, Lucknow where she died after 8 hours. Therefore the claim petition was filed claiming compensation claiming therein that the deceased was doing the work of stitching of dress of school children.;