- (1.) This first appeal from order, preferred by the claimants, is directed against the judgment and order dated 14th August, 1978 by which the Motor Accidents Claims Tribunal, Pauri, had dismissed their claim petition for Rs. 80,000/- as compensation under Section 110-A of the Motor Vehicles Act.
(2.) The claimants who happened to be the heirs of B.N. Naithani, alleged that B.N. Naithani was travelling by bus No. UPS 9352, belonging to the U.P. State Road Transport Corporation, from Najibabad to Lansdowne on 13th July, 1975 and when the bus was about or 7km. from Lansdowne, it fell into a khadda due to rash and negligent act of the driver, Chandra Singh, opposite party No. 1 and as a result of the accident, B,N. Naithani received multiple injuries and died in the Military Hospital, Landsdowne. The deceased was employed as Employment Officer at Uttar Kashi and was getting a salary of Rs. 1,082.75 per month and was of 57 years of age. The claim was preferred against the driver and the U.P.State Road Transport Corporation.
(3.) Chandra Singh, the driver of the bus, in his written statement alleged that on 13th July, 1975, the bus in question left Najibabad for Lansdowne at 6.00 a.m. and after crossing Dariyakhal Suddenly its henge broke down, the steering wheel got jammed and the brakes failed. He pleaded that he had warned the passengers to save themselves, as the machinery had failed, but the vehicle fell down into khadda. He also contended that the accident was caused due to mechanical breakdown and not due to negligent act on his part.;