- (1.) Heard learned Counsel for appellant. This First Appeal from Order has been filed against the judgment and award dated 22nd May, 2014 passed in MACP No. 154 of 2012; Smt. Rizwana and Others v. Virendra Vikram Singh and Others, whereby compensation to the tune of Rs. 4,76,000 along with 7 per cent simple interest per annum from the date of institution of claim till actual payment is made has been awarded in favour of the claimants and against the appellant-Insurance Company.
(2.) As per facts of the case as set out in the impugned award the accident had taken place on 18th December, 2011 at about 9.45 a.m. between bus bearing Registration No. U.P.-15 AT/6839 which was coming from Meerut and going to Lucknow. The said bus when reached near Village Arjanpur, Police Station Itaunja, District Lucknow had collided with tractor trolley bearing Registration No. U.P.-32 Z/4447. An F.I.R. in this regard was lodged as Case Crime No. 264 of 2011, under Sections 279/338/427 and 304A of I.P.C., Police Station Itaunja, District Lucknow. The claim was filed on behalf of dependents of deceased Ishtakar who was one of the passengers in the aforesaid bus and had sustained serious injuries due to which he had died.
(3.) Learned Counsel for appellant submits that learned Tribunal has wrongly fastened the liability of 40 per cent negligence on the part of driver of bus. In fact, the alleged accident had taken place due to rash and negligent driving of driver of tractor which was attached with trolley. The said tractor in fact had come in front of bus while coming from the wrong side. The driver of bus had tried to save, however, the tractor was driven in a high speed and therefore the accident had taken place. The driver of bus cannot be said to be at fault for the said accident. It is further submitted that learned Tribunal while deciding claim had not framed any issue with respect to contributory negligence and in the absence of any such issue the negligence on the part of driver of bus cannot be held.;