- (1.) Heard Mr. Tahir Abbas Rizvi, learned counsel for the appellant as well as Mr. Girish Kumar holding brief of Mr. Jai Pal Singh, learned counsel for the respondents. The present appeal has been filed under Section 173 of the Motor Vehicles Act against the judgment and order dated 22.4.2002 passed by the learned District Judge/Motor Accident Claims Tribunal, Raebareli in Motor Accident Claim No. 165 of 1998 whereby a sum of Rs. 1,73,300 alongwith simple interest at the rate 9% per annum has been awarded in favour of the claimants-respondents.
(2.) The accident had taken place on 2.5.1998 on Allahabad-Raebareli highway by the vehicle. Bus No. U.P.-70H/9501 belonging to appellant/U.P.S.R.T.C. The deceased Ram Autar while coming on bicycle was hit by the said bus from behind due to which had received grievous injuries and died on spot.
(3.) Learned counsel for the appellant submits that the learned Tribunal has relied on the sole eye-witness who was an interested witness being the son of the deceased. The alleged vehicle was not involved in the accident as an entry about arrival of vehicle was recorded in the 'defect register' at U.P.S.R.T.C. workshop at Raebareli at 11.00 a.m. on 2.5.1998 whereas the said accident is said to have occurred at 11.15 a.m. on 2.5.1998. The learned Tribunal has not accepted the evidence produced in this regard by the appellant and has proceeded and awarded the compensation relying on the statement of Ram Lakhan.;