JASPREET SINGH,J. - (1.) Heard Sri Ambika Prasad, learned counsel for the appellant as well as Sri Brijesh Yadav, learned counsel for the respondents.
(2.) The instant appeal has been preferred under Section 173 (2) of the Motor Vehicles Act , 1988, being aggrieved against the judgment and award dated 03.03.2010 passed in M.A.C.P. No. 181 of 2009 whereby the tribunal below has awarded a sum of Rs. 3,47,500/- along with 6% per annum interest from the date of the award till the date of its actual payment.
(3.) The submission of the learned counsel for the appellant is that the Tribunal has not considered the fact that according to version of the claimant the accident took place at around 10:00 PM at Musafirkhana. It has been submitted that the distance between Musafirkhana and Sultanpur at least takes minimum 40 minutes to 1 hours whereas the bus in question had reached the Sultanpur Depot at around 09:30 PM and an entry to the aforesaid was also maintained in the log book which indicated that the bus had reached the Sultanpur Depot around 09:30 PM, thus, the factum of accident having taken place at Musafirkhana at 10:00 pm apparently is falsified.;