- (1.) We have heard learned counsel for the appellant and the learned counsel for the claimant respondents.
(2.) Instant appeal under Section 173 of Motor Vehicles Act (in short the Act), has been preferred against the impugned award dated 18.10.2013 passed by Motor Accident Claims Tribunal/ADJ, Court No.1, Lucknow, in a Motor Accident Claim Petition No.98 of 2009.
(3.) Late Bashir Ali who was travelling in a Jeep U.P. 43T/1289 for city and district Gonda on 5.12.2008, at about 8.00 a.m. in the morning on Gorakhpur-Lucknow National Hihghway near Kashi Vishwanath Petrol Pump in village Poore Tiwari Ka Purwa, suffered an accident with Bus No.U.P.93T/0181 belonging to appellant. It is alleged that the said Bus was being driven rashly and negligently resulting in collision with Jeep causing accident in question. In consequence of the accident, the Jeep was overturned and Bashir Ali suffered serious injuries. He succumbed to injuries during course of treatment at district hospital, Gonda. At the time of death, Bashir Ali was aged about 48 years, working in Diesel Loco Shed, Gonda as Assistant Mechanic on the salary of Ra.10000/- per month. While preferring claim petition, respondent claimants pleaded that accident occurred because of rash and negligent driving of the Bus in question.;