Brijesh Kumar, J. - (1.) The above noted two First Appeals From Orders arise out of the Award given by the Additional District Judge (Motor Accident Claims Tribunal), awarding a sum of Rs.two lacs against the driver of the Bus and in favour of the claimant-dependents of the deceased Younus Ali, who died on account of an accident with Bus No. UTD 1814 on 31-10-1978.
(2.) Learned counsel for the appellant Bhagwati Prasad, driver of the bus, in FAFO No. 119 of 1980 submits that the award given by the Tribunal is liable to be set aside as the appellant cannot be held responsible for the accident or for the payment of compensation.
(3.) The bus No. UTD 1814 belonging to the U.P.S.R.T.C. was coming from the side of Sitapur and the deceased was going from the side of Lucknow by motor-cycle No. USD 850 when the accident occurred near village Ahmadpur Jat, P.S. Sidhauli at about 4 P.M. As a result of injuries caused by the accident, Younus Ali died. According to the claimants, the bus was being driven by the appellant Bhagwati Prasad. The case of Bhagwati Prasad is that he had gone to Sidhauli to meet his relations. He also happened to be a driver, employed in the U.P.S.R.T.C. in the City Bus Service at Lucknow. The case of the driver further is that when he reached the Bus Stand Sidhauli, other members of the staff persuaded him to take liquor and due to excessive drink he went into a bus, which was parked there, to sleep. On 1-11-1978 at about 11 A.M. when he regained consciousness, he found that he was being examined by a doctor who had informed him that he was responsible for an accident killing some persons.;