N.N.Mithal, J. - (1.) U.P. State Road Trans. Corpn. has come up in appeal against the award given by the Motor Accidents Claims Tribunal (IInd Additional District Judge), Allahabad. Against a claim of Rs. 87,000/-, a sum of Rs. 20,000/- in all has been awarded. The appeal has been filed challenging the amount awarded. A cross-objection has also been filed by the claimant claiming Rs. 67,000/in addition to the amount already awarded by the Tribunal.
(2.) The list has been revised but nobody is present for the respondent to press the cross-objection. The cross-objection is accordingly dismissed.
(3.) Coming to the merits of the appeal, a few facts may be stated. The claimant was travelling by appellant's bus No. UTB 3188 on 9.3.1977. He was travelling from Mirzapur to Allahabad. At about 8 a.m. one of the tyres of the bus burst which resulted in collision with the tree. On account of the collision, the claimant received severe injury in which his right arm and right leg were fractured. On the basis of the evidence recorded in the case, the Tribunal came to the conclusion that there was negligence on the part of the appellant as the tyre had become worn out and there was no proper upkeep of the tyres which caused the accident. In the result the Tribunal found that the Corporation was negligent in maintaining the vehicle in a proper condition and was responsible for the accident.;