- (1.) HEARD Shri Sharad Kumar Srivastava, learned Counsel for the appellant, Shri U. P. S. Kushwaha, learned Counsel for the respondent No. 4 and Shri R. K. Dubey, learned Counsel appearing on behalf of the claimants-respondents.
(2.) THIS First Appeal From Order under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 31-5-2003, passed by Motor Accident Claims Tribunal/additional District Judge, Court No. 5, Unnao, allowing the claim petition and granting compensation to the tune of Rs. 2,47,000/- with interest @ 8% per annum. Claim petition was filed by Shri Pankaj, aged about 20 years, son and Smt. Brij Rana, widow of deceased, Shri Radhey Shyam, aged about 42 years who was driver of a Swaraj Mazda U. P. 32-T/41157 and died in the accident in question on 1-5-1997, at 6. 30 a. m. , when he was driving the said vehicle within the jurisdiction of police station Palwal, District Faizabad. It was alleged that a U. P. Roadways Bus No. 80-A 9093 coming from the opposite direction, which was being driven rashly and negligently, hit his vehicle Swaraj Mazda, with the result, driver Shri Radhey Shyam died on spot. It was alleged that deceased Radhey Shyam, who was employed as a driver was getting Rs. 5,000/- per month as salary.
(3.) THE petition was contested by the appellant-the U. P. State Road Transport Corporation. THE grounds raised in the written statement were that the deceased, who had been driving the Swaraj Mazda was himself responsible for the rash and negligent driving and, therefore, his legal representatives are not entitled to any compensation. The Insurance Company denied its liability in its written statement on the ground that the driver of the vehicle Swaraj Mazda was not responsible in any way for this accident as the accident took place due to rash and negligent driving of the roadways bus.;