K.C.AGRAWAL, J. - (1.) THIS appeal has been preferred against the judgment and award of the Motor Accidents Claims Tribunal dated 21-4-1977 partly allowing the application of the appellant and awarding a Compensation of Rs. 6,000/- against respondent No. 1.
(2.) THE Case of the appellant was that on 17th August, 1973. While be was travelling along with his wife, Smt. Shakun deceased from Bilaspur to Nainital by bus No. USR 9194, the bus was hit by another bus No. USR 6478 owned by the same respondent. As a result of the accident Smt. Shakun who was 211/2 years of age, was driven out and died instantaneously. The appellant claimed that the deceased was educated upto B.A. and had done a senior course in Music. She had started a Music School and was earning Rs. 200/- per month from the said school run by her. The claim was contested by the respondent No. 1, i.e. U.P. State Road Transport Corporation. The respondent No. 1 admitted that an accident took place on the 17th August, 1973 and in that accident Smt. Shakun was died. The respondent No. 1, however, asserted that her death was not the result of rash and negligent driving of the bus by Laxman Singh, the driver of bus No. USR 6478. On the pleadings of the parties four issues were framed. On issues Nos. 1(a) and 1(b) the Motor Accident Claims Tribunal found that the accident occurred due to the negligence of the driver of bus No. USR 6478. On the question of compensation the Claims Tribunal held that the deceased Smt. Shakun was running a Music School, that she was earning Rs. 200/- per month and that out of Rs. 200/- per month she was spending a portion of the same on herself and the remaining on school's maintenance. On this finding the Tribunal found that the appellant could not be said to have been deprived of any benefit of the earning of the deceased. However, for the loss of the Company and services which he was getting from Smt. Shakun the Tribunal awarded Rs. 6,000/- by way of Compensation.
(3.) AGAINST the judgment the respondent No. 1 has not filed any appeal.;