K.C. Agrawal, J. - (1.) THIS is an appeal under Section 110 -D of the Motor Vehicles Act against the judgment of the Motor Accidents Claims Tribunal, Azamgarh, dated 30th October, 1978, awarding Rs. 1,00,000/ - with costs and pendente lite interest at the rate of 6 per cent to the Respondents. The details of the compensation given to the Respondents are given below: (1) Bittan Devi... Rs. 5,000/ - (2) Pradeep Kumar... Rs. 7,000/ - (3) Ashok Kumar... Rs. 7,000/ - (4) Daleep Kumar... Rs. 9,000/ - (5) Vinai Kumar... Rs. 9,000/ - (6) Dinesh Kumar... Rs. 9,000/ - (7) Vinod Kumar... Rs. 11,250/ - (8) Suresh Kumar... Rs. 9,000/ - (9) Anil Kumar... Rs. 11,250/ - (10) Jitendra Kumar... Rs. 11,250/ - (11) Rajendra Kumar... Rs. 11,250/ - Total Rs. 1,00,000/ -
(2.) THE Motor Accidents Claims Tribunal directed that the amounts payable to the minors would be given to Bittan Devi, Respondent No. 1, who was their natural guardian. Bittan Devi, Respondent No. 1, who was the widow of the deceased Lal Ji, filed the claim petition under Section 110 -A of the Motor Vehicles Act on 10th January, 1977 for compensation for the death of aforesaid Lal Ji which took place on 31st August, 1976 at 1 a.m. in the night while he was travelling by bus No. UTA 1907 belonging to the U.P. State Road Transport Corporation. The accident occurred while the bus was one furlong east of the Bardah Bazar, P.S. Bardah, district Azamgarh on Azamgarh -Jaunpur road and was going towards Jaunpur. The bus first collided with a truck and, thereafter, with a sheesham tree purely due to the negligence of the bus driver. As a result of the impact, the deceased Lal Ji who was one of the passengers received serious injuries. He was taken to the District Hospital, Jaunpur but he was declared dead. His injuries were noted by the Medical Officer.
(3.) LAL Ji deceased had left behind Bittan Devi as his widow and Respondent Nos. 2 to 11 as his sons. It was alleged in the claim petition that on account of the death of Lal Ji, Respondent Nos. 1 to 11 suffered mental shock as well as financial and pecuniary loss. The Respondents, therefore, were entitled to get compensation in the sum of Rs. 1,00,000/ -for the said purpose.;