- (1.) This First Appeal From Order has been filed by the appellants (Uttar Pradesh State Road Transport Corporation through the Regional Manager, Kanpur Region, Kanpur and Managing Director, Uttar Pradesh State Road Transport Corporation, Parivahan Bhawan, Dedhi Kothi, Lucknow) against the judgment and award dated 20.12.2007 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 2, Fatehpur in M.A.C.P. No. 269 of 2005 awarding compensation amounting to Rs. 9,43,484/- and fastening liability to pay the compensation on the appellants. As per the award, initially the awarded amount is to be paid by the Oriental Insurance Company with right to recover the same from the appellants. Cross Appeal/Cross Objection, as mentioned above, has also been filed by the claimants. Facts in brief for filing the present appeal are as follows: As per facts mentioned in the impugned judgment and order, on 19.8.2005 at 1.30 p.m. when deceased Shiv Lal was going on his bicycle from his house towards his office at Lucknow - Raebareli road, a road-ways bus bearing registration No. UP32-AN/6918, being driven by its driver rashly and negligently, hit the deceased, consequently, he suffered grievous injuries and on 20.9.2005, during treatment, he died.
(2.) FIR was lodged at P.S. Kotwali, District - Raebareli by Anis Kumar, son of the deceased. The deceased Shiv Lal was about 55 years.
(3.) UPSRTC has filed its written statement denying the facts of accident. It has been stated that the registered owner of the bus is Ravindra Ahuja and the vehicle in question was affiliated with UPSRTC and as per the terms and conditions of the contract, the owner is responsible for any accident as also for payment of compensation.;