- (1.) K. C. Agrawal, J. This appeal under Section 110-D of the Motor Vehicles Act has been preferred by the U. P. State Road Transport Corporation. Lucknow, against the award dated 27-1-1975 given by the Motor Accidents Claims Tribunal. Allahabad.
(2.) THE award was in respect of a claim made by Respondents 1 to 3 for compensation in regard to an accident in which Vidya Sagar Dwivedi, husband of Respondent 1 and father of respondents 2 and 3 died on 11th October, 1971. THE allegations were that at about 9. 00 P. M. when Vidya Sagar Dwivedi was driving a motor cycle near village Ramnagar, the driver of the Roadways Bus No. U. P. Z. 4537 dashed him, as a result of which Vidya Sagar Dwivedi was thrown out and received serious injuries to which he succumbed at the spot. THE allegation made by Respondents 1 to 3 was that the accident had occurred on account of rash and negligent driving of the Roadways Bus by its driver Rudra Pratap Singh. It was alleged that the deceased was going on the motor cycle on his left when the aforesaid Bus driven by Rudra Pratap Singh rashly struck the deceased. The claim was contested by the U. P. State Road Transport Corporation, and the allegations of negligence were denied. The Corporation alleged that the deceased Vidya Sagar Dwivedi was drunk and in that state of mind he had no control over the motor cycle which he was driving on the middle of the road and despite the best efforts by the driver of the Bus, the accident could not be avoided. In this background, the plea was that the deceased Vidya Sagar Dwivedi himself was responsible for the accident, and that he was not entitled to get any compensation from the Corporation. On the pleadings of the parties. the claims Tribunal framed the following issues :- 1. Whether the claimants petitioners are legally entitled to receive compensation if any? 2. Whether the driver of vehicle No. UPZ 4537 was driving the bus rashly and negligently? 3. Whether the deceased was driving the motor cycle rashly and negligently? 4. To what amount of compensation the claimants petitioners are entitled?
(3.) FOR proving their case, Raja Ram Singh was examined by the claimants. He claimed that he was present at the time of the accident at about 9. 00 P. M. at the shop of one Ramji, and that he had seen the accident which, according to his statement, occurred on account of rashness of the Bus driver. In rebuttal, the Corporation had examined Rudra Pratap Singh, the driver of the Roadways Bus. He denied that the bus was being driven by him negligently, and that the accident occurred on account of the rashness on his part. He stated that the motorcycle was being driven in a zigzag manner by the deceased, and that despite his best efforts he could not avoid the accident. He also stated that the deceased Vidya Sagar Dwivedi was drunk at the time of the accident. The Claims Tribunal decided the issue of negligence against the corporation, and holding that the claimants had established their case, awarded a sum of Rs. . 75,000/- as compensation to Respondents 1 to 3. Against the said award, the present appeal has been filed.;