Pankaj Mithal, J. - (1.) List has been revised. No one appears for the respondents. Heard Sri Ajai Kumar Goel and Sri R. K. Yadav, learned counsel for the appellants.This appeal is directed against the judgment, order and award of the Motor Accident Claims Tribunal, Mainpuri dated 20.10.1993 passed in MACP No. 45 of 1992, Smt. Krishna Kumari and another v. Brijesh Kumar Gupta and others , The Tribunal by the impugned judgment and order awarded Rs. 12,500/- only as compensation for the death of one Akhilesh Kumar, who was travelling in the ill-fated bus.
(2.) The accident had taken place on 12.1.1992. The deceased along with his friend was travelling in the U.P.S.R.T.C., bus No. U.P. 80-9536. They were sitting on the last seat. The truck had rammed into the bus from behind, due to which the glass of the rear window of the bus had broken. It fell over the deceased. The deceased sustained serious injuries on his forehead, above his shoulder and elbow and succumbed to death within two minutes of the accident. The deceased was student of B.A. and aged about 20 years. It is stated that he was earning Rs.1000/- per months by taking tuition and from agricultural.
(3.) The parents of the deceased preferred the claim petition under Section 140 read with 166 of the Motor Vehicles Act claiming compensation to the tune of Rs. 1,50,000/-. The Tribunal awarded only 12,500/- on account of 50% of no fault liability.Learned counsel for the appellant argued that the deceased had died due to the accident which took place due to the negligence of the driver of the truck No. U.T.M. 9583. The Tribunal has however, erred in holding that the claimants-appellants have failed to prove negligence on part of the truck driver. The statement of the driver of the bus Divan Singh PW-3 on record clearly demonstrates that the bus was running on a very slow speed on the side Patari and the truck coming from behind on a high speed has rammed into it. It is not disputed that the truck had hit the bus from behind. This very fact is sufficient to indicate that the driver of the truck was negligent and the accident could have been avoided if he had taken due care. There was no fault on part of the driver of the bus.;