- (1.) THIS FAFO under Section 173 of the Motor Vehicle Act, 1987 (in short 'Act') is directed against the award dated 31.08.2000 passed by MACT/IIIrd Additional District Judge, Bahraich awarding a sum of Rs. 125000/ - as compensation on account of death of Mohan Lal, husband of claimant Smt. Madhuri in a road accident.
(2.) BRIEFLY stated facts are that Smt. Madhuri filed a Claim Petition before Tribunal alleging that her husband Mohan Lal, aged about 50 years, while going to Kundasara Bazar met an accident with a Roadways Bus which was being driven in negligent and rash manner. Mohan Lal was admitted in Government Hospital where he remained for six days. Ultimately, he succumbed on account of injuries on 10.01.1998. Deceased was earning Rs. 7000/ - per month and had six children. Bus belonged to UPSRTC with registration number UP33A/2850. A sum of Rs. 5,25,000/ - was claimed as compensation.
(3.) UPSRTC in its written statement denied the allegations made in Claim Petition and stated that no such accident as alleged on 04.01.1998 had taken place involving its Bus. Tribunal had framed three following issues : 1 - XXX XXX XXX 2 - XXX XXX XXX 3 - XXX XXX XXX Claimant Smt. Madhuri was examined as PW -1, Bhagauti Singh as PW -2 while from defence side Ram Auatar was examined as DW -1 and Surendra Kumar Sharma as DW -2. Death certificate, C.T. Scan, copy of F.I.R. and chargesheet were filed.;