R.B. Misra, J. - (1.) THE present appeal is directed against the order of the Motor Accidents Claims Tribunal, Allahabad dated 5th of September, 1974 arising out of proceedings under Section 110A of the Motor Vehicle Act, (Act IV of 1939).
(2.) AN unfortunate accident took place on 31st of January, 1972 at 7 p.m. in which Mrs. - Indrani Devi lost her life. She Was going on, the road in a bullock -cart when the motor vehicle No. UTB -106 hit the bullock cart from behind inflicting fatal injuries to her. She was admitted in the hospital and treatment started which continued till 24th of February, 1972 when she expired at 2.30 a.m. Hinch Narain, son of Mrs. Indrani Devi deceased, filed a claim petition on his behalf, and on behalf of the other members of the family for compensation. In this claim petition he claimed a sum of Rs. 82,000/ - under various heads. Amount of Rs. 12,000/ - was claimed for mental shock and physical pain as also suffering of the deceased for 24 days; Rs. 30,000/ -for the loss of normal expectation of life of the deceased for 35 years ; Rs. 2,000/ -. for loss of money in expenses incurred on medical treatment and for purposes of religious rights; and a sum of Rs. 38,000/ - for loss of maternal affection and care to the various members of the family. It was alleged in the claim petition" that the accident took place as a result of the rash and negligent driving of the offending bus. At the ? time of her death Mrs. Indrani Devi was 45 years of age only and her monthly income was Rs. 150/ -. The claim was resisted by the State of Uttar Pradesh and the stand taken by the State was that the driver of the bus Mr. Daya Shanker Dubey was not negligent or rash in driving the bus. The accident took place as a result of unavoidable circumstances. According to the State at about 7.15 p m. when the bus was approaching near the tubewell of village Imilia, the bus driver saw a truck coming from the opposite direction at a high speed and with full lights with the result that the eyes of the driver were dazzled. In front of the bus two tyred bullock carts were going: The bus driver repeatedly blew horn, and tried to save the bullock cart, but bullock cart instead of going to the left swerved towards the right and they came suddenly in front of the bus and dashed with it despite every effort on the part of the bus driver to save them. It was further alleged that the bus was going at a normal speed. The deceased, according to the State, was a member of a Hindu family , her husband was an earning member. Brij Mohan Tewari and Mrs. Hubraji were not dependants of the deceased and, in any case, the claim was excessive. The pleadings of the parties gave rise to the following five issues: 1. Whether the accident was due to the rash and negligent driving of bus No. UTB 196. 2. Whether the accident was beyond the control of the driver of the said bus. 3. Whether deceased was guilty of contributory negligence, as alleged.
(3.) WHETHER the Petitioners 3, 4 & 6 to 10, are not entitled to any compensation.;