K.C. Agarwal, J. - (1.) This appeal under section 110-D of the Motor Vehicles Act has been preferred by Smt. Dangri, wife of Rajdeo, and others, for compensation on account of death of her husband Rajdeo on 19-9-1972 at about 1.30 P.M. Her case was that when Rajdeo was going on cycle from C.M.P. Degree College to the Civil Lines he was dashed by the driver of Bus No. USS-761, as a result of which he died instantaneously. The claim of the appellant is that the bus was being driven rashly and negligently. She claimed along with her in laws a sum of Rs. 2,80,000 as compensation.
(2.) The defence of Respondent No 2, who was the owner of the bus was that the accident took place due to negligence of Rajdeo and not on account of rash driving of the driver of the bus.
(3.) Before we take up the issues, we may point out that the father of the deceased Raj Deo was employed as teacher, and, therefore, neither he nor his wife was entitled to get compensation on account of death of the deceased. The other appellants were his brother and sisters. The liability of maintaining them was on Sahdeo Prasad, father of the deceased. It may be noted here that Rejdeo was, admittedly a student of B.A. Part-I at the time of the accident. He was not making any earning and therefore, there could be no question of respondent Nos. 2 and 3 being dependent on him.;