REKHA RANI Vs. U.P. STATE ROAD TRANSPORT

JUDGEMENT

(1.) THESE two appeals, preferred under Section 173 of the Motor Vehicles Act, 1988, are directed against the judgment and award dated 21st August, 2001 in Motor Accident Claims Case No. 77 of 1995, passed by learned M.A.C.T./District Judge, Dehradun, whereby the claimant's petition under Section 166 of the aforesaid Act was allowed for a sum of Rs. 4,81,000 as compensation to be paid by the U.P. State Road Transport Corporation.

(2.) BRIEF facts of the case are that on 6th February, 1995, Shyam Sunder (deceased) was going from Patel Nagar to Saharanpur Chowk, in Dehradun, on his scooter bearing registration No. U.G.Y./5590. It is alleged in the claim petition that he was going on the left side of the road with a moderate speed. When he reached near Mata Wala Bagh Gate, suddenly, a bus bearing registration No. U.G.Y./8217, owned by the U.P. State Road Transport Corporation, which was being driven rashly and negligently by its driver respondent Sunder Lai Badoni, dashed at the scooter. Consequently, the scooterist received grievous injuries and succumbed to the same. In the claim petition it is also alleged that the deceased used to do business of dairy products and his earning was Rs. 3,500 per month at the time of his death. Claimant No. 1, Smt. Rekha Rani is widow of the deceased. Claimant No. 2, Nishant Mittal is son of the deceased. Claimants Sonali, Mitali and Madhavi are daughters of the deceased. The claimants claimed a sum of Rs. 15,00,000 as amount of compensation with interest thereon.

(3.) ON the basis of the pleadings of the parties, following issues were framed by the learned Motor Accident Claims Tribunal: