R.B.MEHROTRA, J. - (1.) Shri Vinod Kumar Garg on 4-5-1993 was travelling by bus No. RJ-14-P-1758 belonging to Rajasthan State Road Transport Corporation from Agra to Bharatpur. When the bus reached military area Shahganj railway crossing, it did not stop before the speed-breaker resulting in a situation where front wheel of the bus passed over the speed breaker and the bus came down with a big jolt, as a result of which the exit gate of the bus opened and Vinod Kumar Garg, who was sitting near the window, fell down from the bus. Sri Vinod Kumar Garg received grievous head injuries and he immediately died after 25 minutes. The accident had taken place at 11. A.M. and Vinod Kumar Garg expired at 11.25 A.M.
(2.) The dependents of the deceased, Sri Vinod Kumar Garg, namely, Smt. Shanti Devi Garg, the mother of the deceased and Smt. Sarita Garg, the widow of the deceased as well as three minor childern of the deceased filed a claim petition before the Motor Accident Claims Tribunal which was presided over by the Court of Special Judge (E.C.Act) Agra.
(3.) On the pleadings of the parties the Claims Tribunal framed issues. Following issues are relevant for decision of the present F.A.F.O.(1) Whether the death of deceased Vinod Kumar Garg was caused due to the negligence of the driver and the conductor of the bus of the opposite party as alleged by the petitioner ?(2) Whether the death of the deceased was caused due to his own negligence ?(3) Whether the deceased was not the valid passenger as alleged by the opposite party ?(4) Whether the petition is barred by Section 165 of the Motor Vehicles Act ?(5) To what relief, if any, are the claimants are entitled ?;