Om Prakash, J. - (1.) THESE two Appeals have been filed by the appellants against the common judgment and order dated 30.04.2014 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 16, Bulandshahar in Motor Accident Claim Petition No. 411 of 2011 (Shammi & Others Versus U.P.S.R.T.C. & Another).
(2.) SINCE both the Appeals have been heard together, therefore they are being decided by a common order. The facts in brief are that on 6.5.2011, when deceased Smt. Shamim along with Shammi was going from his village to Kallugarhi, District Ghaziabad on Motorcycle No. UP -14AF -9378, as and when they reached near the petrol pump and Saraswati Medical College, Pilkhuwa, the roadways bus no. UP -25AT -4566, being driven by its driver rashly and negligently, hit the motorcycle from its behind. Deceased received injuries and died on the spot. The first information report was lodged in the matter at crime no. 145 of 2011. It is also the case of claimant that the accident is the result of sole rash and negligent driving of the driver of the offending bus. Deceased was earning Rs. 6000/ -per month from weaving work. She was also skilled house wife. Dependants were depending on the income of the deceased at the time of accident.
(3.) APPELLANT - U.P.S.R.T.C. filed written statement denying the fact mentioned in the claim petition and involvement of the offending bus in the accident and also disputed the age, occupation and income of the deceased. The driver of the offending bus also filed written statement denying all the facts.;