KAUSHAL JAYENDRA THAKER,J. - (1.) Heard learned counsel for appellant and perused the record.
(2.) This appeal at the behest of UPSRTC challenges the judgment and award dated 20.1.1988 passed by Motor Accident Claims Tribunal in favour of respondent Nos. 1 to 6-widow and minor children of Murari Lal who died in the vehicular accident. The claimants instituted claim petition being MACP No. 23 of 1985 claiming a sum of Rs. 3,15,500/-.
(3.) On 7.6.1985 at about 6:00 p.m. when the deceased was going on motorcycle, when he reached near Village Pipeful in District Shahjahanpur, bus owned by the appellant came from the opposite side, being driven in a rash and negligent manner and dashed Murari Lal, who died on spot. Vehicle was totally damaged. Another person Anil Kumar also succumbed injuries. Legal heirs and dependants instituted claim under Section 110 of the Motor Vehicle Act, 1939. Deceased, who was alleged to be 50 years of age was earning Rs. 4,000/- per month by way of agricultural operations. The appellant filed its written statement and as usual contended that the accident did not involved his bus and in alternative contended that bus was on left side and was being driven at a moderate speed. The Tribunal framed about 6 issues and all were held in favour of the claimants.;