- (1.) O. P. Saxena, J. This is an appeal against the order dated 13-1-1977 passed by the learned, Motor Accident Claims Tribunal, Aligarh dismissing a claim petition with costs on parties.
(2.) THE facts giving rise to this appeal are that on 30-10-1970 at about 3. 30 P. M. between furlongs 6 and 7 of miles 803-804 of the Khurja-Aligarh road an accident took place in which Jawahar Vora was killed. Jawahar Vora, his wife Smt. Kundan Bala Vora and some others were on their way from Rajkot to Bukaro and were travelling in an Ambassador car No. BRV 1666. THEy were coming from the side of Khurja and were going to Aligarh. THE car was being driven by one Govind U. P. Roadways Bus No. UPB 4455 was on its way from Aligarh to Khurja. It was being driven by Vijai Pratap Singh. As a result of the accident, the car was thrown away in a pit on the left side of the road. By the time people could come to the rescue of the victims of the accident and Jawahar Vora could be taken out, he was dead. He was 32 years old. He was Cashier-cum-Accountant with M/s. Chanchani Brothers (Contract) Pvt. Ltd. , Dhanbad, Bihar on a salary of Rs. 400/- per mensum. The claim petition was filed by his widow Smt. Kundan Bala Vora and minor daughter Km. Rashmi for Rupees 80,000/- as compensation with the allegations that the accident was caused due to the rash and negligent driving of the bus. 3-A. The claim petition was contested by the respondent mainly with the allegations that the bus was being driven carefully and cautiously and there was no negligence on the part of the driver of the bus. It was said that the accident was caused due to the reckless driving of the car. The learned Claims Tribunal believed the version of the opposite party and held that the accident was caused due to the negligence of the driver of the car. He consequently dismissed the claim petition. Hence this appeal.
(3.) THE first point for determination in this appeal is as to whether the accident was caused due to the composite negligence of the drivers of the car and the bus and the petitioners are entitled to receive compensation for the loss of their sole earning member of the family. P. W. 1 Smt. Kundan Bala Vora, P. W. 2 Yashpal Khurana and P. W. 3 B. K. Sharma were examined in support of the claimants' version.;