- (1.) Heard Sri M. Chandra learned counsel for the appellants and Sri Rajendra Jaiswal, learned counsel for the respondents. The present first appeal from order has been filed by Depot Manager, U.P. State Road Transport Corporation, Bareilly and another against award of Motor Accident Claims Tribunal, Sitapur/Additional District Judge. Sitapur, dated 17.4.1998.
(2.) By the impugned award learned Motor Accident Claims Tribunal has decided two cases M.A.C. Case No. 88 of 1995, Smt. Sushila Devi and others v. Depot Manager, U.P.S.R.T.C., Bareilly: M.A.C. Case No. 144 of 1995, Smt. Sushila Devi v. Depot Manager, U.P.S.R.T.C., Bareilly, which have arisen from the same accident which occurred on 31.1.1997 at about 7.15 p.m. while petitioner Smt. Sushila Devi was going alongwith her husband Brij Pal Singh deceased and her son on cycle, a bus No. U.P. 25/6951 which was going towards Lakhimpur hit the cycle near Rekapur while bus made a turn without honking the horn. In this accident, the bus crushed Brij Pal Singh. Her son and she herself had received injuries F.I.R. was lodged of this accident by a police personnel. The bus fled away after the accident. Her husband was earning Rs. 3,000 per month. In M.A.C. Case No. 88 of 1995 appellants/opposite parties have filed their separate written statement in which the facts were denied and it was urged that the so-called accident occurred when the cyclist turned towards right side all of a sudden. The bus driver was not at fault. If it is found a case of contributory negligence then the compensation should be awarded in that proportion.
(3.) In M.A.C. Case No. 88 of 1995 following issues were framed: (i) Whether bus No. U.P. 25/6951 was being driven rashly and negligently by its driver on the date, time and place of accident? (ii) Whether bus owner is liable for paying the compensation on account of negligent act of the driver? (iii) Whether deceased himself was responsible for the accident or whether it was on account of contributory negligence of the deceased and driver? (iv) Whether claimants are heirs and dependents of the deceased whether the compensation amount claimed is highly excessive?;