N.N.MITHAL, J. - (1.) A young man of 22 years of age was knocked down to from his scooter and crushed to death by a Bus belonging to the appellant. A claim for compensation of Rs. 1,75,300/- was made against which the claims Tribunal has awarded a sum of Rs. 38,009/-. Aggrieved by the decision the Corporation has come up in appeal.
(2.) SRI S.K. Sharma, appearing for the appellant, contended that the findings of the claims Tribunal fixing the responsibility on the appellant was not based on proper appreciation of evidence and that the amount of compensation awarded was also excessive. According to the case of the claimant, the deceased was coming on a Scooter on the Yamuna bridge from Naini side to Allahabad at about 6.45 in the morning. The Bus hit him from behind as result of which he fell down and was entangled in the bumper of the Bus and was crushed to death. The case of the appellant was that the Bus was going at a moderate speed but the deceased tried to over take the Bus from left side as soon as it came in front of it he found Rikshaw and his scooter hit against the Rikshaw in the process the deceased fell down from the Scooter and was crushed. Negligence and rashness in driving was denied.
(3.) THE claims Tribunal has looked into the entire evidence led by parties which consists of two eye-witnesses from the claimant's side and testimony of the driver, conductor and an independent witness from the side of the appellant. Both the witnesses for the claimant has consistently stated that first the Scooter had over-taken then and thereafter the Bus had followed. This part of their testimony has been believed by the Tribunal and it totally rules out any possibility of the scooter trying to overtake the Bus from left side. Statement of the driver has not been believed for valid and proper reason recorded by the Tribunal and apparently the conductor was hardly in a position to state anything about the manner in which the accident took place The independent witness was unworthy of reliance because his very presence as a passenger of the Bus is doubtful. Learned Counsel for the appellant has not been able to show me any material on the basis of which it could be said that the findings recorded by the trial court in this regard were erroneous or not based on evidence. In the circumstances, agreeing with the Tribunal, it is held that the accident was caused on account of rash and negligent driving of the Bus driver.;