N.L.Ganguley, J. - (1.) This first appeal from order is directed against the judgment and order dated 23-3-1980 by which the claimants have been awarded a sum of Rs. 30,360 as compensation on account of the death of Baijnath.
(2.) The facts of the case are not in dispute. It is stated that in the early hours of 25th of January, 1978 at about 6.20 to 7.00 a. m. a bus No. UTY 2513 belonging to the U. P. State Road Transport Corporation was plying between Jaunpur-Mariahun pitch road. A car bearing No. WMB 1193 was coming from the other direction. Ram Chandra, Panna Lal, Algoo and Baijnath were occupant of the said car. The car was moving at a moderate speed and was at its left side. The bus in question which was driven at a very high speed, rashly and negligently dashed the car WMB 1193 and all the four occupants of the car died on the spot. The claim petition was filed by the dependents of deceased Baijnath. An amount of Rs. 75,000 was claimed as compensation on account of death of Baijnath in the said accident. The Tribunal awarded Rs. 30,360 in all plus 12 per cent interest payable to the claimants as compensation.
(3.) It was pleaded in the claim petition that the bus No. UTY 2513 was driven by driver Uma Shankar at a very high speed, rashly and negligently on 25th January, 1978 on Jaunpur-Mariahu Pitch Road and on account of rash and negligent driving the driver of the bus attempted to over take a bullock cart and dashed against the car No. W. M. B. 1193 and all the occupants of the car had died on the spot. The Corporation filed written statement and denied the allegations of the claim petition. It was denied that the driver of the bus was driving the bus rashly and negligently with a very high speed. The appellant had stated that the speed of the bus was only 45 kms. per hour whereas the permissible speed is 60 kms. per hour. It was admitted to the parties that the morning when then accident took place was thick foggy and the visibility was very poor. The appellant stated that the car driver was driving the car with a very high speed of 70 kms. per hour, rashly and negligently. The appellant denied having overtaken the bullock cart causing accident. The appellant denigd the claim of the claimants and liability to make payment of any compensation.;