N.N.MITHAL, J. - (1.) THE U.P. State Road Transport Corporation has assailed the award of the Motor Accident Claims Tribunal, Banda, whereby a sum of Rs. 31,000/- has been awarded as compensation on account of the death of one Ram Raj Singh who died as a result of an accident involving appellant's Bus No. UPG 2049.
(2.) ACCORDING to the allegation made in the claim petition, an accident took place on 28-12-1976 at about 9-40 a.m. at a place nearly 2 kms. from Mataundh towards Mahoba-Banda road, At the relevant time, the deceased Ram Raj Singh was driving his bullock-cart on that road and on account of collision of the aforesaid Bus with the bullock-cart from behind, the said Ram Raj Singh fell down from his bullock cart and subsequently died on account of injuries received by him. The claimants are the widow, sons and daughter of the deceased. A sum of Rs. 1,07,000/- was claimed on the ground that the monthly income of the deceased was Rs. 1000/- to the extent of which he was supporting the family. Some amount was claimed on account of medical expenses, damage caused to the bullock-cart, loss of one bullock in the accident and for funeral and other expenses. The claim was contested on behalf of the appellant and it was alleged that the accident did not take place on account of the rash or negligent driving of the vehicle by the Driver. The amount of compensation is also disputed. However, the involvement of the vehicle in question in the accident is admitted and it also admitted that Ram Raj Singh and one of his bullocks died on account of the injuries received in the accident. However, the manner in which the accident is said to have taken place is disputed. According to the defence of the appellant, five bullock-carts were going towards Banda and the driver of the vehicle was in the process of overtaking the bullock-carts. The bullock-cart which was being driven by Ram Raj Singh suddenly went out of control due to bolting of bullocks which resulted in the accident. The driver tried to avoid the accident by turning the Bus towards the right but the brakes of the vehicle failed and after the accident the Bus dashed against a tree and thereafter proceeded into nearby fields and stopped only at a distance of 100 paces from the road side causing injuries to some passengers, the driver and the conductor. It was further alleged that the driver had blown the horn before overtaking the bullock-carts and in view of this the driver was not negligent or rash in driving the vehicle.
(3.) THE Tribunal framed as many as five issues which 'are reproduced below: (1) Whether Ramraj Singh deceased was injured on account of the rash and negligent driving of the Bus No. U.P.G. 2049 by O.P. No. 2 as alleged? (2) Whether the deceased contributed to the accident by his own negligence as alleged? (3) Are the claimants legal heirs of the deceased entitled to claim compensation? (4) Is the claim barred by time? (5) To what amount, if any, and which of the claimants are entitled and from which O.P.? ;