- (1.) The present appeal has been preferred by the husband and his four sons, challenging the award of Motor Accident Claims Tribunal dated 17.2.2011 passed in M.A.C.P. No. 533 OF 2003, awarding Rs.2,29,500/- as compensation, on account of death of Smt. Rajmati Yadav on 27.10.2002 and have sought enhancement of compensation. The award of the tribunal has been accepted by the respondent- UPSRTC and no appeal has been preferred by it.
(2.) On 27.10.2002 at about 4.15 PM, when the appellant no.1 along with his wife Smt. Rajmati Yadav who was a pillion rider on a scooter bearing registration no. UGD-1598 was coming from Chinhat Bazar towards his house, the driver of the roadways bus bearing registration no. UP-32 0077 dashed the scooter from behind due to rash and negligent driving. On account of that accident, the appellant no.1 and deceased Smt. Rajmati Yadav sustained serious injuries. When deceased was taken to the medical college, she was declared to be dead. Son of the appellant no.1, namely Devendra Kumar Yadav, who was coming behind the scooter, was present on the spot and has seen the incident. He admitted his father-mother in the hospital and on 28.10.2002 he informed in writing to the police station Chinhat, upon which a first information report was lodged. Claim under section 166 of the Motor Vehicles Act was raised by the husband and his four sons against the respondent- UPSRTC with the allegation that the deceased was a hale and hearty lady, and was operating a PCO, by which she earned Rs.2,500 per month. Under different heads amount of compensation of Rs.9,02,000/- was claimed.
(3.) The respondent- UPSRTC has contested the claim and by filing written objection it is stated that the accident in question was not caused by its bus and the claim has been raised only on the fake and frivolous facts in order to obtain compensation and, therefore, the claim is liable to be rejected.;