K.C.AGRAWAL, J. - (1.) THIS appeal is directed against the judgment of the Motor Accident Claims Tribunal, Allahabad, dated September 9, 1982, allowing the application made by the appellants for grant of compensation.
(2.) THE U.P. State Road Transport Corporation (respondent No. 2) has preferred a cross-objection. Brief facts are that Bus No. URG 6017 in which the appellant No. 1's husband (Imamual Hasan) was travelling met with an accident on Grand Trunk Road in village Kasiya police station Kokhraj district Allahabad on December 29, 1980, at about 8 a.m. The accident took place as the bus driver lost control on account of its high speed and dashed the same against the tree, as a result of the accident Imamual Hasan received serious injuries resulting in his instantaneous death The appellant No. 1 (Smt. Jafri Begum), who is the widow of the deceased Imamul Hasan, and was aged about 25 years at that time, along with her two sons, arrayed as appellants Nos. 2 and 3, namely, Zulqarnain and Mohd. Hasanain, filed a claim petition Under Section 110-A of the Motor Vehicles Act. They claimed Rs. 2,36,000/- as compensation asserting that the deceased was a student of LL.B. (Part I). After his studies he wanted to start practice as an advocate. The appellant as further claimed that the deceased had an earning of Rs. 500/- per month from food-grains business. The application was contested by the U.P. State Road Transport Corporation as well as the State of Uttar Pradesh. It was alleged that the accident did not take place due to the rashness on the part of the driver but due to vis major. Their case was that the tie-rod of the bus was broken all of a sudden and as a result of the same the accident occurred.
(3.) ON the pleadings of the parties, the following issues were framed: (1) Whether the accident resulting in the death of Imamul Hasan was due to rash and negligent driving of Bus No. RUG 6017 ? (2) To what amount of compensation, if any, are the claimants entitled ? ;