SARAL SRIVASTAVA,J. - (1.) Heard learned counsel for the parties in both the appeals.
(2.) First Appeal From Order No. 1289 of 1991 has been filed by U.P.S.R.T.C.; and First Appeal From Order No. 857 of 1988 has been filed by claimant Smt. K. Bhargava. Since both the appeals arise out of the judgment and order dated 27.05.1988 passed by the Motor Accident Claims Tribunal (Ist Additional District Judge), Rampur, therefore, they are being heard together. The brief facts giving rise to the institution of M.A.C.P. No. 3 of 1980 are that on 11.08.1979 one K.N. Bhargava boarded on the Bus No. U.S.C. 8136 from Bareilly and was going to Moradabad. At about 12:45 P.M., when the bus reached near village Mehdi Nagar, District Rampur, a truck no. U.T.L. 7160 coming from opposite direction dashed with the bus. As a result of the said accident, K. N. Bhargava died on the spot. He was aged about 50 years at the time of the accident, and was employed as General Manager, Continental Pump Ghaziabad. He was drawing salary of Rs.3,600/- per month. The widow and legal heirs prayed for a compensation of Rs.8,00,000/-.
(3.) The owner of the bus namely U.P.S.R.T.C. filed written statement admitting that K.N. Bhargava was travelling on Bus No. U.S.C. 8136. It further stated that the accident was not caused due to negligence of the driver of the bus, rather the accident was caused due to rash and negligent driving of the driver of the truck.;