- (1.) RAJEEV Gupta, C. J. The impugned Award dated 31-03-2005 passed by the Motor Accident Claims Tribunal/addl. District Judge, Nainital in Motor Accident Claim Peti tion No. 278 of 2004 has given rise to the filing of these two appeals i. e. A. O. No. 251 of 2005 and A. O. No. 263 of 2005.
(2.) A. O. No. 263 of 2005 has been preferred by the claimants for enhance ment of the compensation awarded by the Tribunal, whereas A. O. No. 251 of 2005 is at the behest of the Uttaranchal State Road Transport Corporation against the Award. The claimants, who are unfortu nate widow, minor daughter and parents of deceased Neeraj Kumar Tewari, claimed compensation of Rs. 25,00,000/ - for his death in the motor accident on 27- 02-2004 when the Bus bearing reg istration No. UP 06-4140, in which he was travelling from Nainital to Haldwani, met with an accident due to the rash and negligent driving of its driver and fell in a gorge resulting in the unfortunate death of several occupants of the Bus including Neeraj Kumar Tewari. The claimants pleaded that deceased Neeraj Kumar Tewari used to earn more than Rs. 10,000/- per month. The Uttaranchal State Road Transport Corporation, owner of the Bus, contested the claim and pleaded that the driver of the Bus was not re sponsible for the accident.
(3.) THE claimants examined P. W. 1 Smt. Jyoti Tewari in support of their claim, whereas the Transport Corpora tion did not examine any witness in re buttal. THE Transport Corporation, how ever, adduced in evidence certified copy of the deposition of Sri M. D- Kotwal re corded as DW1 in the other Claim Peti tion No. 77 of 2004 (Vimla Arya and oth ers Vs. U. P. S. R. TC. ). The Tribunal, on the evidence led by the parties, held that Neeraj Kumar Tewari died on account of the injuries sustained by him in the motor accident on 2/- 02-2004; the accident occurred due to the rash and negligent driving of the driver of the Bus; and the Uttaranchal State Road Transport Cor poration, being the owner of the Bus, was liable to pay compensation to the claimants.;