U.P. STATE ROAD TRANSPORT CORP. THROUGH ITS REGIONAL MANAGER TANAKPUR, PITHORAGARH Vs. PRAKASH MOHAN PANDEY

JUDGEMENT

(1.) This appeal is against the Award dated 27.8.2004, passed by the Motor Accident Claims Tribunal, Pithoragarh, awarding a sum of Rs. 1,57,000.00 to the claimants.

(2.) The claimants have preferred a claim petition under section 166 of the Motor Vehicles Act, for the grant of compensation on account of the death of Smt. Chandrakala in a motor vehicle accident. According to the claimants on the fateful day on 17.12.2002, the deceased was travelling by the Bus No. U.P. 29/0134. The bus was being driven by its driver rashly and negligently, due to which it met with accident near Rajodapul on Delhi-Rudrapur road. As a result of said accident Smt, Chandrakala sustained fatal injuries and she succumbed to the injuries. According to the claimants the deceased was earning Rs. 3,500.00 per month and she was 40 years of age at the time of accident.

(3.) The opposite party appellant in its written statement has submitted that the accident did not take place due to rash and negligent driving of the bus but the accident had taken place due to sudden mechanical fault in the bus.