K. K. Birla, J. - (1.) This appeal has been preferred by the U. P. State Road Transport Corporation and Sri Sultan Ahmad against the award dated 6-2-1979 passed by the Motor Accident Claim Tribunal awarding a compensation of Rs. 10,000 against the opposite parties including the appellants.
(2.) Sri Gyanendra Singh was aged about 19 years and was studying in Intermediate II Year. He was living with his sisters husband Sri Babu Singh (PW 2) at village Bhadha district Fatehpur. He used to go to Fatehpur to appear in final examination at the relevant time. On 26-4-1978 at about 10.00 a. m. he was going on a cycle on the G. T. Road near village Bakandha. His brother-in-law Sri Babu Singh w as following him on another cycle at that time. State Government Transport Bus No. UTB-264 was going from Fatehpur to Kanpur side. These persons were coming on cycles from opposite side. There was an accident in which Sri Gyanendra Singh received severe injuries. He was taken to the hospital where he succumbed to the injuries. The Bus was being driven by Sultan Ahmad appellant No. 2. A claim of Rs. 2 lacs was preferred before the Motor Accident Claim Tribunal by the father, mother, brother and sister of the deceased. In brief according to them the Bus was driven by the driver rashly and negligently. It hit the cycle of Gyanendra Singh causing him multiple injuries, resulting in his death. On the other hand the case of the opposite parties was that an octroi post was in Nauwabag where the trucks stopped to pay octroi taxes. Therefore the bus was being driven at a slow speed. An ekka was coming from the opposite direction of the bus. Gyanendra Singh was behind the Ekka. All of a sudden he tried to overtake the Ekka by his right side and lost control of his cycle. He dashed against the right side of the bus and fall down. There was no rashness and negligence on the part of the bus driver. The quantum of compensation was also challenged. On the parties pleadings the following issues were framed by the Tribunals : (1) Whether the accident dated 26-4-1978 which was caused by the Bus No. UTB 264 and resulted in fatal injuries to Gyanendra Singh happened due to rash and negligent driving of the driver of the Bus, namely Sultan Ahmad as alleged ? If suits effect. (2) To what amount of compensation, if any, are the petitioners entitled ? (3) Whether the accident happened due to the negligence of Gyanendra Singh as alleged in para 27 of the W. S. ? If so, its effect?
(3.) The claimant examined Sri Buddha Chaukidar of village Bakandha as PW 1 and Sri Babu Singh as PW 2 about the accident. They gave out the claimants version given above. They denied that there was any Ekka on the spot at the time of the accident. As against this Sultan Ahmed driver and Laxmi Shanker Conductor of the bus were examined by the opposite parties regarding the accident who stated in support of the opposite parties version already given above. Certain documents were also filed by the parties. Babu Singh had lodged the F. I. R. At the police station at 11.00 a.m. on the same day and its carbon copy has been filed. Another report was lodged by Sultan Ahmed at the police station. The copy of the written report is Ex. A-l.;