K.N.SINGH,J. - (1.) THESE two first appeal from orders are directed against the award dated 20-3-1978 given by the Motor Accident Claims Tribunal, Mirzapur awarding a sum of Rs. 34,000/- along with interest of 9% per annum to Mohd. Moonis, the claimant.
(2.) IQBAL Moonis son of Mohd. Moonis, claimant, died in an accident while he was travelling in vehicle No. UTB 6267 belonging to the U.P. State Road Transport Corporation, hereinafter referred to as 'the Corporation', on his way from Robertsganj to Singrauli. At the time of his death, Iqbal Moonis was aged 32 years and was employed as Sales Representative in M/s. Agrawal Automobiles, Allahabad on a salary of Rs. 323/- per mensem. Mohd. Moonis, father of the deceased filed claim petition under Section 110-A of the Motor Vehicles Act, 1939, hereinafter referred to as 'the Act', claiming compensation for himself and for his wife to the extent of Rs. 1,50,000/-. The Corporation contested the claim on the ground that there was no rash and negligent driving and the accident did not occur on account of any negligence of the driver, on the other hand the deceased died on account of his own contributory negligence, as such the claimant was not entitled to any compensation. Before the Claims Tribunal, the claimant produced four witnesses. P.W. 1 Uma Shanker Shukla and P.W. 4 Uma Shanker Giri who were travelling in the vehicle alongwith the deceased. P.W 2 Ashok Kumar Srivastava is the Sales Manager of M/s. Agarwal Automobiles where the deceased was employed and Mohd. Moonis is the claimant himself. On behalf of the Corporation, the driver of the vehicle D.W. 1 Kallu Ram and D.W. 2 M.A. Haider, Station Incharge, Mirzapur were examined. On appreciation of the evidence of the parties the Tribunal held that the accident occurred on account of the rash and negligent act of the Corporation as a result of which Iqbal Moonis died. On the findings, the Tribunal awarded compensation to the extent of Rs. 34,000/- and it further directed the Corporation to pay interest thereon at the rate of 9% per annum from the date of the award to the date of actual payment. Aggrieved, the Corporation has filed First Appeal From Order before this Court. Mohammad Moonis, the claimant, has also filed another appeal claiming relief for enhancement of compensation.
(3.) BOTH the appeals were heard together and we are disposing of the same by a common order. Learned counsel for the Corporation urged that the Corporation had taken all reasonable care for the maintenance of the vehicle and as such the Corporation was not guilty of any negligence. The Tribunal has examined this question in detail and analysed the testimony of Kallu Ram Driver and M.A. Haider, Station Incharge, and also the statements of P.W. 1 Uma Shanker Shukla and P.W. 4 Uma Shanker Giri, the co-passengers who were travelling in the vehicle. On the appraisal of the testimony, the Tribunal recorded findings that the ill rated vehicle was driven by some other driver from Allahabad to Mirzapur. As there was defect in the vehicle, the driver who drove the vehicle from Allahabad refused to drive the vehicle any further, whereupon Kallu Ram driver was assigned to drive the vehicle upto Singrauli. Kallu Ram was not aware to the defects and as such he drove the vehicle and when the vehicle was passing through the Markundi Hills, the brake failed as a result of which the accident occurred, causing death of Iqbal Moonis. We have gone through the testimony of witnesses and considered the submission made on behalf of the Corporation but we do not find any infirmity in the findings recorded by the Tribunal.;