K.P.Singh, J. - (1.) Aggrieved by the decision of the Motor Accidents Claims Tribunal dated 22.2.1980 in Motor Accident Claim Case No. 30 of 1977, Nandi Devi v. U.P. State Road Transport Corporation, the defendant-appellant has preferred the abovenoted appeal under Section 110-D of the Motor Vehicles Act.
(2.) The claimants-respondents in this appeal had also preferred F.A.F.O. No. 573 of 1980 which was dismissed in default on 11.10.1990 as the learned counsel for the appellants in that case had not appeared.
(3.) The learned counsel for the appellant in this case has raised two questions for our consideration. Firstly, that the finding of the Tribunal regarding rash and negligent driving is against the weight of evidence on record and the circumstances involved in the present appeal. Secondly, that the deceased was guilty of contributory negligence as he was knocked down by the rear side of the truck in question, therefore, the determination of quantum of compensation errs on excessive side.;