Hon'ble Rajesh Chandra.J. - (1.) U.P.S.R.T.C. (defendant/appellant) has.file'd this appeal against the judgement and order dated 13/7/2009 passed by the Additional District Judge/M.AC.T. Court No. 5 Itawa in M.A.C.P. No. 128/2008, Raghuraj Singh and another v. U.P.S.R.t.C. by which the claim petition of Raghuraj Singh and another filed under Section 163 A of the Motor vehicles Act, 1988 was allowed.
(2.) In brief, the facts of the case are that Raghuraj Singh and his wife Smt. Manorma filed a petition under Section 163-Aof the Motor Vehicles Act, 1988 for a compensation of Rs. 234500.00 for the death of their daughter. Kumari Sarita in a motor accident. It was alleged in the petition that on 1.2.2008 Kumari Sarita was returning from the school to her house and when she was standing at the road side on the National Highway No. 2, Itawa, Kanpur road, near village.Saraijal.al, at about 12.45 p.m. a roadways bus No. UP79-4459 came fromltawaside. The;bus; was being driven by its driver at a very fast speed and in a careless manner.Tbe driver dashed the bus against Kumari Sarita, who sustained grievous injury and died at the spot.
(3.) A First Information Report was lodged at the Police Station Ikdil, District Itawa by one Ramdas. The case was registered at crime No, 18/08 for the offences under Sections 279, 338,304-A, r.P.CL It was further alleged in the petition that at the time of death Kumari Sarita was ten years of age and was studying in class 5th.;