CHANDRA,J. - (1.) - Heard Sri U.C. Pandey, learned Counsel for the ap­pellant and Sri S.K. Upadhyay Learned Counsel for the respondents.
(2.) THIS appeal has been preferred un­der Section 173 of the Motor Vehicles Act, 1988 against the order/judgment dated 16th November, 2006, passed by the Mo­tor Accident Claims Tribunal, Sultanpur in claim case No. 43 of 2005. The brief facts of the case are that in the night of 27th October, 2004, the claimants alongwith his/her son were re­turning to home by tempo after partici­pating in Durga Pooja. When the tempo reached near the village of Ghasitey ka purwa on Sultanpur Raibarreilly Road, the U.P. Roadways Bus No. U.P.-78 T- 4694 knocked the tempo from the backside. Few passengers including the son of the claimants Subhash were fallen outside the tempo, which resulted the grievous hurt to the child Subhash. The child was taken to the hospital at Sultanpur and later on he was referred to the Medical Col­lege, Lucknow. On 30th October, 2004, the child died in the hospital. An F.I.R. was also lodged against the driver of the said UPSRTC Bus. The claimants has filed the claim petition where the Tribunal has awarded compensation of Rs. 1,55,000 against the U.P. State Road Transport Corporation. Being aggrieved, the U.P. State Road Transport Corpora­tion has knocked the door of this Hon'ble Court through the instant appeal.
(3.) WITH this background, learned Counsel for the appellants denied the in­volvement of roadways bus in the said ac­cident but has accepted that the said bus was running at the relevant time on the said route. Learned Counsel for the ap­pellants also submit that the compensa­tion was awarded on higher side.;