O.P.SAXENA, J. - (1.) THIS is an appeal and cross objection against the award dated 29th November, 1978 made by the Motor Accidents Claims Tribunal (II) Addl. District Judge, Bulandshahar.
(2.) ON 31-3-1977 at about 3-30 A. M. at village Tagpur, P. S. Kotwali Dehat, Chandpur, Bulandshahar and accident took place in which Talib Khan received severe injuries. The accident took place at Meerut Bulandshahar road at about 8 or 10 miles from Bulandshahar. Bags of Potatos were kept on a buffalo cart and was being taken to Secundrabad. Girdhari was holding ropes of buffalo and was driving the cart. Talib Khan was sitting on the bags kept in the buffalo cart. U. P. State Road Transport Corporation bus No. U.T.R. 469 was on its way from Hardwar to Brindavan. It was being driven by opposite party number 3 Raj Kumar. The bus struck against the buffalo cart from behind as a result of which Talib Khan fell down and received severe injuries. He was taken to Bulandshahar where he died on the same day at 9.30 A.M. The accident was seen by Alijan Khan, Inayat Ullah Khan, Girdhari, Saqi Jan and Nazir Khan. On 31-3-1977 at 5.30 A.M. Alijan Khan lodged report Ext. P. S. 3 at Kotwali Dehat Chandpur regarding the occurrence.
(3.) ON 31-3-1977 at 4.15 P. M. P. W. 1 Dr. B.U.K. Zuberi, Medical Officer, District Hospital, Bulandshahar conducted post mortem examination on the dead body Talib Khan and prepared post mortem report Ex. 1.;