Hon'ble Rajesh Chandra, J. - (1.) Appellant Opposite party U.P.S.R.T.C. has filed this appeal against the judgment and award dated 31.7.2009 passed by Motor Accidents Claims Tribunal, Mathura in Motor Accident Claim Petition No. 233/08 allowing the petition of the claimants-respondents moved under Section 166 of the Motor Vehicles Act, 1988 for compensation for the death of Ras Bihari alias Rasu in a motor accident.
(2.) The background facts giving rise to this appeal are that the wife and the sons and daughters of Ras Bihari, claimants-respondents No. 1 to 6 in this appeal filed Motor Accident Claim Petition No. 233-2008 before the Motor Accidents Claims Tribunal, Mathura alleging that Ras Bihari was doing the business of selling fruits. On 1.5.2008 he was going to 'mandi' in a tempo for the purchase of fruits. When tempo was stopped on the road side near Jindal Factory within the vicinity of village Allehpur to pick up the passengers, bus No. UP85M-9743 came from behind. The bus was being driven in a rash and negligent manner and hit the tempo from behind. As a result of this accident Ras Bihari sustained injuries and died.
(3.) The U.P.S.R.T.C., filed its written statement and alleged that on 1.5.2009 the aforesaid bus was coming from Delhi and when the bus reached near Kotacharora the tempo, going ahead, without giving any signal took a turn in a rash and negligent manner as a result of which the tempo was hit by the bus. It was also alleged that the tempo was overloaded with the passengers and was being driven in a rash and negligent manner. According to the U.P.S.R.T.C the bus was being driven by a competent driver who was holding a valid driving licence. The bus was going at a normal speed. The U.P.S.R.T.C also objected that the driver, owner and the Insurance Company of the tempo have not been arrayed as party in this case.;