S. H. A. Raza, J. - (1.) Claimants Smt. Sarla Govil, wife of the deceased Sri Sushil Kumar Govil, her daughters Km. Shikha Govil, Km. Shubha Govil, Km. Smita Govil, Smt. Seema Govil and son Sri Samir Govil as well as the U. P. State Road Transport Corporation have preferred the First Appeal from Order against the Award dated 11-5-1981 under Section 110-D of the Motor Vehicles Act passed by Shri S. S. Gupta, Vth Additional Motor Accident Claims Tribunal, Unnao, in the Motor Accident Case No. 16 of 1979 (Smt. Sarla Govil v. U. P. State Road Transport Corporation and others), by means of which the petition No. 16 of 1979, filed by Smt. Sarla Govil and others was allowed for the recovery of compensation of Rs. 60,000/- against the respondents with costs. Besides the above, some of the claimants were also awarded compensation but their appeals against the award have been dismissed by means of the order dated 1.2.85 hence the appeals filed by the U. P. State Transport Corporation against the said award have also become infructuous.
(2.) The claim of the appellants before this Court is that an accident had taken place on 18.6-.79 at about 5-45 P.M. near town Bye-pass road of Rae Bareli crossing in between Bus No. USY - 6138 belonging to U. P. State Road Transport Corporation and private Bus No. U. P. T. 846 of Kalra Bus Service Abbasbagh, Unnao in which husband of Smt. Sarla Govil, late Shri Sushil Kumar Govil, husband of Smt. Shanti Devi, late Sri Deoman who were travelling in the Roadways Bus and late shri Shafi husband of Smt. Khatoon who was also travelling in the private bus died. Some other passengers Anvesh and Hari Shankar, who were travelling in the Roadways bus also suffered injuries.
(3.) Smt. Sarla Govil was accompanied by her deceased husband late Sri Sushil Kumar Govil at the time of the accident. It was averred that the U. P.S.R.T.C. bus was driven by Shri Rakam Singh in a rash and negligent manner at a speed of 80-90 Kms per hour and the private bus was being driven by its driver Shamshuddin also rashly and negligently, almost at the same speed and the accident took place due to the negligence of both the drivers. The private bus belonged to Smt. Triveni Devi and was insured with the New India Assurance Com.;