V.K. Khanna, J. - (1.) The present First Appeal From Order and the connected First Appeal From Order have been filed under Section 110-D of the Motor Vehicle Act, 1939.
(2.) The brief facts for the purposes of deciding the present appeals are that the injured Nankoo, minor son of claimant Deep Lal, was involved in an accident with a Bus No. UTB 9284 belonging to the U.P. State Road Transport Corporation at 5.30 P.M. on 16-12-1977 on G.T. Road in village Babhrauli, District Allahabad. It is not disputed that on the date of occurrence the minor child Nankoo was travelling on a cycle along with another man on the left side of the road when he received injuries because of the accident. The injuries received were several in numbers including a fracture of one of his legs. The father and mother of the minor claimed compensation amounting to Rs. 40,000/- in the claim petition filed before the District Judge, Allahabad.
(3.) The aforesaid claim petition was contested by the U.P. State Road Transport Corporation by denying all the allegations made in the Claim petition except ex gratia payment of Rs. 250/- . According to the Corporation the Bus was being driven by Sharia Shankar Bajpai and conducted by Vishwa Nath Singh at about 5 P.M. when the Bus reached near Glass Factory and Harijan Abadi near Allahabad a man was seen coming on a cycle carrying another person on his cycle. Despite the drivers giving a horn to alert the cyclist on lowering the speed of the vehicle from about 10 Km, to about 15 Km. per hour the cyclist came on the left patri of the road and as soon as the Bus was to pass, the said cyclist suddenly turned to the right with the result that he dashed against to left side of the Bus and injuries were received due to this accident.;