Pradeep Kant, Rajiv Sharma, JJ. - (1.) Heard learned counsel for the appellant Sri Mahesh Chandra and Sri R. M. Dubey for the respondents,
(2.) Aggrieved by an award passed by the Motor Accident Claims Tribunal dated 8.5.1988, the present F. A. F. O. has been preferred by the Managing Director, U. P. State Road Transport Corporation (hereinafter referred to as the U. P. S. R. T. C.).
(3.) The facts giving rise to the present appeal, in brief, are as follows : On 23.12.1995, Uma Shankar (deceased) was travelling in Tempo No. UP-32/A-7105 at Lucknow-Raebareli road. Near village Gaura, U. P. S. R. T. C. bus bearing number UP-78/N-795, which was coming from the opposite direction, hit the Tempo resulting into serious injuries to ten persons and death of seven persons. Uma Shankar (deceased was also one of the victims, who died on the spot, as a result of the said accident. Claimants, namely, his wife and children, filed a claim petition bearing number 119 of 1996 before the Motor Accident Claims Tribunal claiming an amount of Rs. 6,60,000 towards compensation on the pleading that the accident had occurred because of the rash and negligent driving of the driver of U. P. S. R. T. C. bus, which has resulted into death of Uma Shankar, who was only 40 years in age, at the time of death and was having an income of Rs. 3,500 per month. It was also the case of the claimants that the Tempo was being driven at a moderate speed on the left side of the road, whereas the bus was being driven at a very high speed, rashly and negligently, which hit the Tempo, while going on the wrong side i.e. towards the right side of the road.;