VINOD KUMAR SRIVASTAVA-III,J. - (1.) We have heard Sri S.D. Ojha, learned counsel for the appellant and Sri S.K. Mishra, learned counsel appearing for the respondents.
(2.) This appeal has been filed against the judgment and award dated 08.08.2005 passed by Additional District Judge, Court No. 2/ Motor Accident Claims Tribunal, Mau, in Motor Accident Claim Petition No. 15 of 2001 (Surjee Devi v. U.P. State Road Transport Corporation and another), by which the Tribunal has awarded the compensation to the claimants to the tune of Rs. 6,71,030/- but considering the fact that it was a case of composite negligence, directed the respondent to pay only 50 % of the same i.e. Rs. 3,35,515/- and to recover remaining amount i.e. Rs. 3,35,515 from the driver/owner of the vehicle/insurance company along with 6 % interest from the date of institution of the claim petition to the date of actual payment.
(3.) The facts of this case in brief are that the husband of the petitioner while travelling with Jeep No. U.P. 54-A-2508 on 22.8.2000 met with an accident at about 02:00 P.M. with the bus no. U.A.Q. No. 9280 due to which husband of the petitioner Bechan Rajbhar died. Claim petition was filed by the appellant, in which the Tribunal has found that it was the case of composite negligence of the driver of the bus and driver of the jeep both.;