D.S.SINHA, J. - (1.) THIS appeal, Under Section 110-D of the Motor Vehicles Act, 1939, hereinafter referred to as the Act, filed by U.P. State Road Transport Corporation and Sardar Singh, is directed against the judgment and order dated 8-5-1978, passed by the IV Additional Motor Accident Claims Tribunal, Meerut, in Motor Accident Claim No. 428 of 1973, preferred by the respondent Under Section 110-A of the Act.
(2.) THE claim of the respondents arose out of an accident wherein one Harjendra Singh died on the spot as a result of collision of his scooter No. D.L.S. 4951 with U.P. Government Roadways bus No. U.T.D. 321 driven by Sardar Singh. The fatal accident took place at about "6.00 p.m. on 1-7-1973 in Modinagar town when the deceased was going from Meerut to Delhi. It was alleged that the accident took place on account of rash and negligent driving of the motor-bus. The age of the deceased was alleged to be 32 years and his monthly income was pleaded to be Rs. 5000/- per month. The deceased was a building contractor and an income tax assessee. In these circumstances the claimants, who were widow, three minor sons and parents of the deceased, claimed an amount of Rs. one lac by way of compensation. The U.P. State Road Transport Corporation, appellant No. 1 before us, resisted the claim of the claimant-respondents expressing ignorance to most of the averments made in the pleading set up by the respondents. It pleaded that the accident took place owing to the wrong act of the Scooterist i.e. Harjendra Singh, the deceased, who, along with the another Scooterist, was driving the vehicle on his wrong side and while coming to his right side dashed against the bumper of the bus which caused the accient in question resulting in the death of Harjendra Singh and the pillion-rider on the spot. It was further pleaded by the appellant No. 1 that the scooter might not have been in perfect working condition on account of which the deceased might have lost control over the vehicle. According to the appellant No. 1, the bus was running at a very slow speed through the abadi of Modinagar town and the allegations about its being driven rashly and negligently were incorrect. It was also pleaded that the amount of compensation claimed by the respondents was exhorbitant and was not based on any date. Further pleading was that neither respondents were entitled to me nor was their petition in accordance with law.
(3.) THE Tribunal, after thoroughly investigating the respective claim of the parties, held that the claimant-respondents, being widow, sons and parents of the deceased Harjendra Singh, were his legal heirs and entitled to compensation. The plea with regard to the maintainability of the claim petition, it appears, was not pressed.;