N.N.MITHAL, J. - (1.) THIS is an appeal by the U.P. State Road Transport Corporation against the award of the Motor Accident Claims Tribunal awarding a sum of Rs. 36,000/ - to the legal representatives of the deceased. To put the facts briefly, these are as follows:
(2.) ON 29 -12 -1975 at about 7 -00 P.M. the appellant's Bus U.P.B. 6796 coming from Agra side hit a stationery private bus No. UPT 673 causing injuries to three persons and resulting in the death of the conductor of the private bus Nafees Mohammad.lt is alleged that the private bus had developed some disorder and was being repaired by the side of the road by a mechanic Naseem while the conductor Nafees Mohammad deceased and driver Bashir were assisting him in the work. The private bus was hit with such a great impact that it was dragged to about 25 to 30 feet. The bus was being rashly and negligently driven and as such a sum of Rs. 75,000/ - was claimed by the mother, widow and a minor child of the deceased. The case of the corporation was that the bus was standing on the wrong side of the road and due to winter it was quite dark at 7 -00 P.M. The deceased suddenly appeared from behind the stationery bus and was hit on account of his own negligence. It is admitted in evidence that the corporation Bus was also defective and was returning to the workshop for repairs.
(3.) APART from the widow, three eye witnesses have been examined. PW 2 is the S.I. who prepared the site plan and also proved the report lodge with the police PW 3 is the brother, of the deceased. He was an eye witness of the accident and has also proved the photographs taken soon after the accident, P.W. 4 is an eye witness of the accident while PW. 5 is the mechanic who himself was injured in the accident. The presence of these witnesses can not be doubted and they have fairly supported the claimants case.;