- (1.) RAJESH Tandon, J. 1. Heard Sri G. B. Pandey, counsel for the appellants, Sri A. N. Sharma, counsel for the respondent no. 1 and Sri K. K. Sah, counsel for respondent no. 3.
(2.) THIS appeal is against the Award dated 26-02-2003, passed by the Motor Accident Claims Tribunal, Pithoragarh for enhancement of the amount of award. The claimants/ appellants pre ferred a claim petition under section 166 of the Motor Vehicles Act, for the grant of compensation on account of the death of Sri Deb Singh Bohra in a mo tor vehicle accident. According to the claimants on the fateful day on 2/- 1-1998 at 7. 15 PM two buses No. UP 02-A/4075 and UGP- 4733 were collided to each other near Chamdungra, Police Station, Gangolihat, District Pithoragarh. The deceased was boarded on Bus No. UP 02-A/4075 which fell down into a ditch after collision. Sri Deb Singh Bohra sustained fatal injuries in the accident and he died instantane ously. According to the claimants at the time of accident the deceased was 52 years of age. He was doing work of mason and was earning Rs. 3,600/- per month. The respondent no. 1, Uttaranchal State Road Transport Cor poration filed written statement and sub mitted that at the time of accident the bus of the respondent no. 1 was going in upward direction on the sloppy road while the bus of respondent no. 2 was coming downwards from the opposite di rection. The accident took place due to the rash and negligence of the driver of Bus No. UGP 4733 and respondent no. 2 alone is liable to pay compensation.
(3.) RESPONDENT no. 2 in his written statement has submitted that the acci dent took place due to rash and negli gent driving by the driver of Bus No. UP 02-A/4075. Bus No. UGP 4733 was parked on the road while the Bus of re spondent no. 1 dashed his bus. The driver of the bus of respondent no. 1 jumped from the bus after collision and the bus rolled behind and fell down into the ditch. The accident took place due to sole negligence of the driver of Bus No. UP-02-A/4075. Respondent no. 3 Insurance Company also filed written statement and pleaded ignorance regarding the facts mentioned in the claim petition.;