K.C.AGRAWAL, J. - (1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act filed by the father, mother and minor daughter of Satya Pal Singh who died in an accident on 30-5-1971 at about 9.30 A.M. near Muradnagar. He was travelling by Tempo No. U.S.T.-6094 when the same collided with Bus No. U.P.S. 9941 belonging to the Roadways. The place of the accident was 2 Kilometres away from Muradnagar towards Ghaziabad. The appellants claimed Rs. 1,50,000/- as compensation, as against the Roadways and the owner of the tempo by assorting that the accident resulted due to the negligence of the drivers of the tempo as well as the bus.
(2.) IT was alleged that the driver of the bus was negligent as he did not have control on the steering of the bus while driving it. Allegations of negligence against the driver of the tempo were also made and it was further alleged in that connection that the tempo was out of control of the driver as it carried passengers beyond its capacity and beyond the limit prescribed by law. The defendants contested the claim petition. It was urged on behalf of the Roadways that the accident resulted due to the sole negligence of the driver of the tempo. The bus was coming from Ghaziabad side on its left when the tempo driver, who had absolutely no control on his vehicle, collided in the right with the bus and the driver of the tempo did not hear the horn given by the bus driver.
(3.) ON the pleadings of the parties, the Motor Accidents Claims Tribunal framed a number of issues. One of them was about the negligence.;