O.P.SEXENA, J. - (1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act against the order dated 11-2-78 passed by the Motor Accident Claims Tribunal (I Additional District Judge) Bareilly awarding a compensation of Rs. 80,000/- to the claimants with interest at 6 per cent annum from the date of award till the date of payment. A cross objection has been filed by claimants-respondents.
(2.) ON 17th February 1976, at 9 A.M., on Bareilly-Pilibhit Road, near Hafizganj, P.S. Hafizganj, District Bereilly, one Din Dayal Saxena, aged 42 years, met with an accident. He was travelling in Bus No. U.S.B. 6257 on his way from Bareilly to Pilibhit. The bus belongs to U.P. State Road Transport Corporation. It was going from Bareilly to Tanakpur. The bus was involved in an accident when it struck against a tree. Din Dayal Saxena received multiple grievous injuries to which he succumbed. The claimants gave an application for Rs. 2 lacs as compensation. Claimant No. 1 Smt. Raj Kumari is the widow, Claimant No. 2 Subhash Chandra Saxena and claimant No. 3 Km. Gita Saxena are adult son and daughter. Claimant No. 4 Pramod Kumar is minor son. Claimant Nos. 5 and 6 Km. Sudha Saxena and Km. Anita Saxena are minor daughters. The deceased was employed as Divisional Accountant in Sarda Sagar Division Pilibhit. He was getting a salary of Rs. 735/- per mensem. It was said that the accident was caused due to rash and negligent driving of the bus.
(3.) OPPOSITE parties Nos. 1 and 2 U.P. State Road Transport Corporation, through Regional Manager, Bareilly and through General Manager, Lucknow codtested the petition. It was not disputed that Din Dayal Saxena was travelling by the ill-fated bus and that he received injuries in the accident to which he succumbed. It was denied that the accident took placed due to rash and negligent driving of the bus. It was said that it was raining at the time of accident and the accident took place due to skidding of the bus. It was further said that Amajadullah, the driver of the bus, had handed over the vehicle in an unauthorised manner to Bangali Babu mechanic and the accident took place when Bangali Babu was driving the vehicle, It was, therefore, pleaded that respondents are not liable to pay any compensation to the claimants. The amount of compensation claimed was also assailed.;