B.D.AGARWAL, J. - (1.) THESE are two connected appeals Under Section 110-D of the Motor Vehicles Act arising against the award of the Motor Accident Claims Tribunal, Saharanpur, dated August 27, 1977.
(2.) THE accident in question occurred on January 31. 1973 around 11.45 A.M. Jaswant Rai accompanied with his wife, R.K. Bhalla and the wife or R.K. Bhalla were proceeding on a jeep from Delhi to Saharanpur. The driver of the jeep was also there in addition to these passengers. The Roadways Bus No. UST 3925 belonging to the U.P. State Transport Corporation (hereinafter referred to as the Corporation) was proceeding from Saharanpur towards Delhi and was being driven by one Dhian Singh. The case of the claimant is that the bus collided against the jeep head on resulting in the death of four of the passengers of the jeep, namely, the wife of Jaswant Rai, R.K. Bhalla, the wife of R.K. Bhalla and the driver of the jeep. Multiple injuries were caused also to Jaswant Rai himself. F.I.R. was lodged immediately after the accident. Claim petition No. 9 of 1973 was lodged by Jaswant Rai claiming in all a sum of Rs. 2,75,264/- on account of the injuries caused to himself besides mental and physical anguish and the shock. The other claim petition No. 8 of 1973 was lodged by Jaswant Rai in respect of the death of his wife in the aforesaid accident. The amount claimed therein was Rs. 4,88,000/-. In relation to the claim petition No. 9 of 1973 the Tribunal has awarded a sum of Rs. 43,857.71 to Jaswant Rai. In the other claim petition the amount awarded is Rs. 18,800/- only. Aggrieved against the award in these claim petitions the Corporation has preferred these appeals.
(3.) LEARNED Counsel for the appellant has strenuously urged that the accident occurred due to the negligence on the part of the driver of the jeep and not due to rash and negligent driving of Dhian Singh, the driver of the bus belonging to the Corporation. It has been submitted that no amount could be awarded to the claimant due to the negligence leading to the accident being attributable to the driver of the jeep. He has taken us through the relevant evidence on the subject.;