D.V.SEHGAL, J. - (1.) THE present first appeal from order by the Hitnachal Roadways Corporation, the appellant-owner of bus No. HPS-3430, is directed against the award dated 1-10-1982 made by the Motor Accident Claims Tribunal, Chandigarh.
(2.) A claim application under Section 110-A of the Motor Vehicles Act was filed by Sent. Sarwani Devi, widow of Kartar Chand deceased, and his six children, who are respondents Nos. 1 to 7 in this appeal claiming compensation amount to Rs. 2,90,000/- on account of the death of Kartar Chand as a result of an accident with the aforesaid bus. It was alleged that on 2-9-1980 the deceased was going on his bicycle towards his village Palsora, U.T. Chandigarh. Khushi Ram Sarpanch was sitting on the pillion of the bicycle. When they were going in front of the shops in village Attawa on the metalled road at about 9-30 P.M. the aforesaid bus came from behind at a very high speed from the crossing of Sectors 35 and 36, Chandigarh. On noticing the bus, Khushi Ram Sarpanch, the pillion rider, jumped off the cycle and got aside. The bus which was being driven by Chet Ram respondent No. 8 in a very rash and negligent manner hit Kartar Chand and ran over him and his bicycle. Respondent No. 8 did not stop the bus. Khushi Ram and other two persons, namely, Vishwa Mittar and Raj Kumar, who were standing nearby, shouted and ran after the bus. It was then only that respondent No. 8 stopped the bus. He along with the conductor of the bus, however, ran away from the spot leaving the bus there. A joint written statement was filed on behalf of the appellant and respondent No. 8 wherein they stated that the accident too place entirely due to the negligence of the deceased and his companion Khushi Ram. The bus was being driven at a proper speed and on the correct side of the road when its lights were on. On seeing the cyclist ahead respondent No. 8 blew the horn. The person sitting on the pillion of the cycle viz. Khushi Ram, became panicky and jumped off the bicycle giving a big jolt to it and the cyclist. As a result the cyclist lost control to his bicycle and it was pushed to the right. The bicycle and the cyclist fell in the middle of the road. The bus driver was taken by surprise as he could not anticipate that the cyclist would fall in the centre of the road all of a sudden. Thus, the accident took place entirely due to the negligence of the cyclist and his companion.
(3.) ON the pleadings of the parties, the learned Tribunal framed the following issues: (1) Whether the accident took place due to rash and negligent driving of the bus by respondent No. 1 resulting in the death of Shri Kartar Chand ? (2) To how much compensation, if any, the claimants are entitled to and from which of the respondents. (3) Relief. ;