B.N. Sapru, J. - (1.) BOTH these appeals have arisen out of a proceeding under the Motor Vehicles Act. The Claims Tribunal awarded compensation amounting to Rs. 7,200/ - to the claimants.
(2.) THE U.P. State Road Transport Corporation filed F.A.F.O. No. 380 of 1977 while Phuggi Lal and his wife Smt. Ram Kali have filed F.A.F.O. No. 440 of 1977 claiming that they should be awarded compensation amounting to Rs. 25,000/ -. The facts, leading to the case were that on 5.12.1975, a motor bus No. U.P.Z. 6776, belonging to the Appellant was being driven by Tribhuwan Lal (D.W. 2) from Fatehpur to Allahabad. At about 9.00 a.m. the bus reached village Malak Bhail situated within P.S. Kokhraj, District Allahabad. This village is situated on both sides of the road. As a result of an accident, Km. Premia Devi daughter of Phuggi Lal and Smt. Ram Kali, resident of village Malak Bhail, was crushed by the bus due to which she died. Her postmortem was done. The injuries were as follows: (1) Crush injury 8" x 4" bone deep on left side head, extending from forehead to occipital region. All the brain matter was liquefied. (2) Left frontal, parietal, temporal and occipital bones were fractured. Membranes were ruptured and all the brain matter had liquefied.
(3.) THE first information report was lodged at the police station at 9 -30 a.m. by one Prithvi. Immediately thereafter, the police reached the spot and apprehended Tribhuwan Lal, the bus driver. The bus stopped at about 15 -20 steps from the place where the girl was crushed. The site of the accident as well as the date were not disputed in the present case.;