K.C.AGRAWAL, J. - (1.) THIS appeal under Section 110-D of the Motor Vehicles Act has been preferred by Smt. Reshma Begum, widow of the deceased Mohammad Hanif and by his four minor children.
(2.) THE accident occurred at about 6.15 P.M. on 15-7-1976 near octroi post Rampur Road, Bareilly when Mohammad Hanif was returning by Motor Cycle U.P.M. 9948 from the factory M/s Camphor and Allied Products Clutterbuckganj, Bareilly. Near the octroi post, the bus belong ing to the U P. State Road Transport Corporation was coming from the opposite direction. It was being driven by Zahid Ali. The appellants claimed that as the bus was being rashly and negligently driven, it collided with the motor cycle of Mohammad Hanif as a result of which Mohammad Hanif died instantaneously at the spot. The appellants alleged that on account of the death of Mohammad Hanif they were entitled to get compensation. The petition was contested by the U.P. State Road Transport corporation on the ground inter alias that the accident was caused not due to the negligence of the bus driver but because of the sole rashness and negligence of Mohammad Hanif. It was pleaded that Mohammad Hanif was coming from his factory at the excessively high speed and when he tried to overtake the truck which was coming by the side of the bus, he collided by the left side of the roadways bus. On the pleadings of the parties, the following two issues were framed. (1) Whether the accident was caused due to the negligent and rash driving of the bus or due to the own negligence of Mohd. Hanif who was riding on the motor cycle ? (2) To what amount of compensation, if any, are the petitioners entitled ?
(3.) FOR proving that the accident resulted due to the negligence of the Roadways, the appellants, produced three witnesses. These witnesses were PW 1 R.S. Reddy, an officer in the Camphor and Allied Products and two othtr pedestrints, namely, PW 2 Abdul Majid and PW 3 Abdul Rehman.;