- (1.) This First Appeal From Order has come up under Section 173 of Motor Vehicles Act 1988, arising from the judgment and order dated 26.07.2003, passed by Motor Accident Claims Tribunal (Special Judge, SC/ST Act), Farrukhabad, in Motor Accident Claim Petition No. 206 of 2000.
(2.) On 12.11.2000 at about 8 A.M., Sri Harbir Singh, claimant no.1 accompanied by his wife boarded Bus No. UP 75/7720, run by U.P. State Road Transport Corporation (hereinafter referred to as "UPSRTC") from Bus Stand, Farrukhabad. They were proceeding to Kanpur but having some discomfort in the bus they purchased ticket only upto Kannauj. The bus collided with a tree between Samdhan and Gursahai Ganj. Claimant Harbir Singh and his wife Gurmeet Kaur who were occupying front seat, opposite to dirver seat, received injuries. The injuries sustained by Smt. Gurmeet Singh were quite severe, leaving her unconscious. The Driver and Conductor of the bus ran away from the spot and lodged a report at Police Station taking plea of mechanical defect. The aforesaid couple along with other injured persons rushed to PHC Gursahai Ganj where Sri Harbir Singh and his wife could be provided only first aid and were shifted to Lohia Hospital Barahpur, Farrukhabad. In the process, Smt. Gurmeet Singh lost her life. Sri Harbir Singh lodged an FIR at P.S. Kotwali, Farrukhabad on 13.11.2000, after death of his wife.
(3.) Sri Harbir Singh, husband of deceased and their two sons Sudeep Singh and Aman Chhabra filed claim petition under Act 1988, claiming compensation etc. In the petition, besides other facts, it was also stated that age of deceased Gurmeet Kaur was around 44 years. She was doing business in electronics being a working partner of M/S Punjabi General Store. She had filed income tax returns for the years 1998-1999, 1999-2000 and 2000-2001. Her sons were studying at Ajmer and Delhi and to meet high expenses of the family, deceased had joined LIC as agent in May 2000. She received commission of Rs. 13,630/- upto November 2000. The claimants said that the deceased was earning Rs. 7500/- per month from the two sources i.e., from the business as well as LIC agent. Compensation was claimed on various grounds i.e., loss of income, loss of service, love and affection to minor, loss of consortium to claimant no.1 to 3.;