- (1.) We have heard Shri Lallan Verma, learned counsel for the appellant and perused the record filed with the Appeal.
(2.) The present Appeal has been filed against the Judgment and Order/Award dated 29/5/2009 passed by the Motor Accidents Claims Tribunal, Etawah in Motor Accident Claim Petition No. 397 of 2008 filed by the claimant-respondent Nos. 1 and 2under Section 163 A of the Motor Vehicles Act, 1988 claiming compensation on account of the death of Jitendra in an accident which took place at about 11.40 P.M. on 9/6/2008 wherein Bus bearing Registration No. UP-93-E-7847 belonging to the appellant and driven by the Driver of the appellant hit the said Jitendra Kumar, resulting in injuries to the said Jitendra Kumar and his consequent death.
(3.) It.was, inter alia, averred in the Claim Petition that the said Jitendra Kumar was going from his house to sell water on a 'thela' inside the Bus Stand at about 11.40 P.M. on 9.6.2008. When the said Jitendra Kumar was crossing Nebal Road, the aforesaid Bus in question came and crushed the said Jitendra Kumar. The said Jitendra Kumar died while being taken to the District Hospital, Etawah for treatment. First Information Report against the Driver of the aforesaid Bus in question was lodged in the night on the same day, and the same was registered as Case Crime No. 274 of 2008 under Sections 279 and 304 A of the lndian Penal Code, The said Jitendra Kumar was aged 18 years at the time of the accident, and he used to carry on the business of selling water on 'thela' at the Roadways Bus Stand, where-from he used to earn Rs. 100.00 per day. Accordingly, compensation amounting to Rs. 4,93,500.00 was claimed.;