R.Dayal, J. - (1.) In this appeal the appellants have claimed enhancement of compensation which was awarded by the Motor Accidents Claims Tribunal, Nainital, vide its award dated 13.4.1990 on account of a motor accident.
(2.) A boy named Govind Ballabh, aged about 16 years, who was a student of Xth class in a Government Inter College, travelled on 12.7.1987 by a bus bearing number URN 9523 from Haldwani to Amparao bus stand. When he was alighting from the bus, the case of the claimants is, the bus driver moved the bus and as such on account of the rash and negligent act on the part of the bus driver, the boy fell down and suffered injuries and so he was taken to hospital where he died the same day. Appellant No. 1, Laxmi Ram, is the father of the deceased boy and appellant No. 2, Maya Devi, is the mother. Appellant Nos. 3 and 4, namely, Navin Chandra and Ramesh Chandra are his brothers. The bus belonged to the U.P. State Road Transport Corporation. The appellants have claimed Rs. 2,00,000/- as compensation.
(3.) The claim was contested before the learned Tribunal mainly on two grounds, one that the injuries as a result of which the boy died did not result on account of accident, but subsequent to his alighting from the bus he fell in a drain and second that compensation claimed was excessive. The learned Tribunal held that appellant Nos. 3 and 4, the brothers of the deceased, were not entitled to any compensation. A sum of Rs. 15,000/- was awarded by an interim order to the appellant No. 1 and a further sum of Rs. 10,000/- was allowed to appellant No. 2 by the impugned award. Thus total sum of Rs. 25,000/- was awarded as compensation to appellant Nos. 1 and 2.;