N.L.GANGULY, J. - (1.) These F.A.F.Os. by U.P. State Road Transport Corporation and Smt. Pramwa ti and 2 minors heirs and legal representatives dependants of deceased victim are directed against the judgment and order dt. 24-5-80 in Motor Accident Claim Petition under S. 110-A of Motor Vehicles Act, 1939 by the II Addl. District Judge/ Claims Tribunals, Meerut. The Tribunal awarded a consolidated amount of Rupees 38000/- as compensation with 6% simple interest per annum thereon till date of payment to the claimants. The Corporation in their appeal sought for setting aside the award of compensation on the ground that there was no negligent and rash driving of the bus, it was due to sudden latent defect and mechanical failure of the brakes, principles of res ipsa loquitur was not applicable. Alternatively, it was said that compensation awarded was excessive without any rational basis. The claimants in their appeal claimed that award of compensation is wholly inadequate and be enhanced.
(2.) Prakash Chand was a Typist by occupation. On 24-12-1975 he was going on a bicycle to his village Bhoor Bharal at about 4.50 p.m. Bhurey Ram was also going with him and was sitting on the cycle carrier. They had reached about a kilometer from Pratappur Railway level crossing towards Delhi. The watchman had closed the gate of railway crossing, deceased Prakash Chand had peddled 50 yards on the kachcha patri when a U.P. S.R.T.C. Bus No. 5048 came at very high speed from the opposite direction. The driver was so rash and negligent that he drove the bus to the extreme right side colliding with a bicycle of Prakash Chand. Prakash Chand deceased was crushed and dragged. He died on account of the rash and negligent driving of the UPSRTC bus at the spot. The other person Bhurey Ram who was on the carrier of the cycle received grievous injuries in the accident.
(3.) The claimants namely the widow and two minor children of deceased filed the petition claiming total amount of Rupees 1,79,000/- as compensation. The appellants filed the written statement and contested the claim. It was pleaded that the accident had not taken place on account of rash and negligent driving of appellant's bus. It was stated that bus was going to Bijnor and Khalil Ahmad was the driver. When the bus had reached near the Pratappur Railway level crossing, he saw the railway gate was closed at the time of accident. A number of vehicles were standing in queue. The bus driver applied his brakes to stop the bus to avoid collusion. The brakes failed accidently, resulting in accident.;