SATISH CHANDRA, J. - (1.) HEARD Sri Prabhakar Tewari, learned Counsel for the U.P. S. R. T. C. and Sri M. E. Khan, learned Counsel for the respondents.
(2.) THIS 'first appeal from order ' has been filed under Section 173 of the Motor Vehicles Act against the judgment and award dated 13.12.2004, passed by the Motor Accident Claims Tribunal, Sultanpur in Motor Accident Claim Petition No. 101 of 1995, wherein an award of Rs. 1,09,900 was awarded. The brief facts of the case are that on 9.5.1995 deceased Sri Ram Sundar was travelling in Jeep No. U.P. 44 -A/0787. When the jeep reached near to village Bedupara, the driver got down for toilet by parking the jeep. In the meantime, a U.P.S.R.T.C. Bus No. 42A/6692 of Faizabad Depot was coming and hit the jeep from the backside. Deceased Sri Ram Sunder and another person namely Safat Ahmad had died on the spot. Other passengers also suffered injuries. Separate claim petitions were filed on behalf of both the deceased persons. The present claim petition is pertaining to the claim for the death of deceased Sri Ram Sunder. The Motor Accident Claims Tribunal has awarded the total compensation of Rs. 1,57,000 by observing that both vehicles were involved in the accident, so the liability was divided at the ratio of 70:30 per cent. Thus, the appellant has liability to pay Rs. 1,09,900. Not being satisfied, the appellants have preferred this appeal.
(3.) WITH this background, learned Counsel for the appellants submitted that the bus was not involved in the accident as no report was mentioned in the Faizabad Depot. Without prejudice, he further submitted that the accident was a contributory accident where both the bus and jeep were involved, so the compensation will have to be divided at the ratio of 50:50 per cent and certainly not at the ratio 70:30, as held by the Motor Accident Claims Tribunal. Lastly, he submitted that the compensation is on higher side, so he made a request to modify/set aside the impugned order of the Tribunal.;