Sanjay Misra, Alok K.Singh, JJ. - (1.) These are the two connected First Appeals From Order (F.A.F.O. No. 654/2004 arises out of the order passed by the Motor Accident Claims Tribunal, Faizabad in Claim Petition No. 283/2003 and F.A.F.O. No. 630/2004 arises out of the order passed by Motor Accident Claims Tribunal, Faizabad in Claim Petition No. 280/2003). Both arising out of the same accident.
(2.) Learned Counsl for the appellant contends that in an accident which occurred with a Roadways bus vehicle No. U.P. 42 T/1558, one Rajesh and the other, Raj Kumar had suffered injuries and had died. He contends that the findings of the Tribunal on the question of rash and negligent driving of the driver are perverse and not based on record and therefore, they are liable to be set aside.
(3.) Learned Counsel for the claimants - respondents in both appeals has referred to a discussion made by the Tribunal on issue No. 1 and contends that there was evidence in the form of an oral evidence of the witnesses who have clearly stated the facts upon which the Tribunal has come to a conclusion that the rash and negligent driving was attributable to the driver of the bus of the appellant and as such he submits that no error can be found in the findings of fact recorded by the Tribunal.;