- (1.) This appeal under Section 110-D of the Motor Vehicles Act is directed against an award of the Motor Accidents Claims Tribunal (District Judge), Manipuri dated April 30, 1977.
(2.) The accident giving rise to this proceeding occurred on April 24, 1976 around 11.00 A.M. The victim Udip Kumar aged about 16 years was son of the respondent Nos. 1 and 2. He had appeared in the High School Examination, the result whereof was declared subsequent to his death. On a bicycle he was proceeding from north to south towards the city. There were other boys including PW Rajeev along with him on another cycle. Bus No. UPB 4697 belonging to the U.P. State Road Transport Corporation and driven by the respondent No. 5 came over from south to north on its way from the Mainpuri Bus station towards Etah. This was part of the Highway running between Agra-Etah. According to the appellant's case the bus dashed against Udip Kumar from the front resulting in injuries which proved fatal instantaneously. First Information Report was made by PW Rajeev the same day at 11.30 AM. The claim was lodged under Section 110-A of the Motor Vehicles Act before the Tribunal on September 3, 1976 wherein the claimants prayed for compensation in the amount of Rs. 1,00,000/-. In defence the theory set up by the respondent No. 5 (the driver) and the Corporation to whom the Bus belonged, was that the bicycle was being driven by another person and that Udip Kumar was stated on the carrier thereof, it was denied that the bus was taken rashly or negligently and assertion was made to the effect that at the sight of the approaching bus, the boy who was driving the cycle, lost the balance and as a result Udip Kumar was thrown out by the side thereof whereas the person who rode the bicycle escaped unhurt.
(3.) Upon considering the evidence the Tribunal came to the finding that the accident took place due to the rash or negligent act of the driver in the course of his employment in the Corporation and the theory put forward from the other side in reply is not established. The compensation awarded is a sum of Rs. 13,500/- with interest. Aggrieved the Corporation has preferred this appeal; cross objection has been filed for the claimants-respondents.;