- (1.) This first appeal from order has been preferred by the claimants-appellants challenging the validity and correctness of the award dated 10.4.2012 passed by the Motor Accident Claims Tribunal/Additional District Judge (Court No. 5), Farrukhabad in MACP No. 285 of 2010 (Mohd. Rahees and others v. U.P. State Road Transport Corporation) through its regional Manager. Briefly stated the facts giving rise to the present appeal are that one Nazisha Begam (since deceased) was going to visit her relation on 1.6.2010 at Kaimganj, district Farrukhabad by bus bearing registration No. UP-76H/9274. It is claimed that when the bus stopped at Ghalib Pullia 30 mts. away from Kaimganj Bus Station, Smt. Nazisha Begam after de-boarding the bus fell down and came under the wheel of the bus suddenly moved at that very moment. Mohd. Rahees, Claimant No. 1 jumped down from the bus and stopped it. He started attending his wife, who was profusely bleeding. It is further claimed that the conductor of the bus snatched the tickets from the hands of the husband and boarded the bus and ran away. Smt. Nazisha Begam was thereafter taken to the Community Health Centre, Kaimganj, where she was given emergency treatment and was referred to RMI Hospital, Farrukhabad. Since, her condition was very serious and therefore, she was shifted to Leelamani Hospital, Agra, wherefrom she was discharged, as her condition was hopeless and she succumbed to injuries on second day of discharge.
(2.) In the aforesaid circumstances, the claimant-appellant No. 1 moved an application to the Station House Officer, Mohammadabad for post-mortem and an FIR was also lodged at Police Station Kaimganj, district Farrukhabad by the claimants-appellants against the driver of the bus. In the claim petition the appellants claimed compensation of Rs. 7,50,000/- which was dismissed after contest by the defendant-respondents holding that the vehicle bus No. UP-76H/ 9274 was not involved in the accident by order dated 10.4.2012.
(3.) Aggrieved, the claimants-appellants have approached this Court by filing the present appeal against the impugned order dated 10.4.2012.;