- (1.) This appeal under Section 173 of the Motor Vehicles Act (for short the 'Act') has been filed by the appellant-corporation challenging the judgment and award dated 24.02.2016 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 1, Aligarh awarding a sum of Rs.8,75,500/- as compensation on account of death of one Satish Kumar in an accident involving the bus of the appellant-corporation. Respondent-claimants filed a claim petition under Section 140 read with Section 166 of the Act against the appellant-corporation claiming compensation to the tune of Rs.19,75,000/-. According to the claimants, on 21.05.2014, Satish Kumar along with his wife-claimant no. 1 and his friends, Sanju, Surendra and Bunty was travelling to Aligarh by Indica car bearing registration no. HR 51 W 2390, at about 10.00 p.m., when they reached near Jain petrol pump at Atrauli-Aligarh road, the offending bus bearing registration no. UP81 AF 2725, which was being driven rashly and negligently, all of a sudden came on the wrong side and hit the car, which caused grievous injuries to all the occupants and Satish Kumar died while undergoing treatment in J.N. Medical College, Aligarh. A First Information Report was lodged at P.S. Harduaganj, which was registered as Case Crime No. 230 of 2014 under Sections 279, 338, 427, 304A IPC. It was further pleaded that the deceased was aged about 23 years and was employed as a driver in J.P.S. Public School, Narauna and was earning Rs.7,500/- per month.
(2.) The appellant-corporation and the driver of the bus contested the proceedings by filing written statements denying the allegations. It was pleaded that driver after seeing that the car was being driven rashly and negligently, stopped the bus, but the driver of the car could not control it and dashed into the bus. On the basis of the evidence brought on record by the parties, the Tribunal returned a finding that accident was a result of contributory negligence of the bus to the extent of 70% and that of the car to the extent of 30%.
(3.) The said finding has been recorded by the Tribunal after analysing the evidence of P.W. 2, Surendra Singh, who was travelling in the car along with deceased and also the driver of the offending bus. On an analysis of the aforesaid two witnesses, the Tribunal arrived at the conclusion that accident was caused due to contributory negligence of both the parties.;