Kaushal Jayendra Thaker, J. - (1.) Heard Sri S.K. Mishra, learned counsel for appellant and Sri Rahul Sripat, learned counsel for original claimant.
(2.) This First Appeal From Order has been filed under 110-D of Motor Vehicles Act, 1939 read with Section 173 of the Motor Vehicles Act, 1988 by Uttar Pradesh Road Transport Corporation ( hereinafter referred to as "UPSRTC") being aggrieved by judgment and decree dated 20.9.1991 passed by Motor Accident Claims Tribunal/ 3rd Additional District Judge, Ghaziabad in Motor Accident Claim Petition No.51 of 1990.
(3.) The brief facts of the present case are that on 14.3.1989 the deceased Suresh Jaiswal wanted to go from Hapur to Mathura and was waiting for bus on the bus stand. The driver of bus belonging to UPSRTC ( hereinafter referred to as "appellant") was driving the bus UGU-773 rashly and negligently and Suresh Kumar Jaiswal came underneath the bus and he died. The deceased was having his own business and according to claimants he was earning Rs.4,000/- and he was spending 3500 after his family. The driver was the paid employee of the appellant . The driver and owner filed reply which was one of denial and contended that it was the sole negligence of the deceased whereby the accident occurred. He should not have come behind the bus and that is how the accident occurred, when the driver was trying to reverse the bus and was coming to the stand where the passengers could be picked up. The Tribunal raised two issues and held them to be against the appellants which has aggrieved the appellant.;