NOOR JAHAN BEGUM Vs. UMA DEVI

JUDGEMENT

(1.) Heard Sri Ashok Kumar Rai, learned Counsel for the appellant and Sri Arun Kumar Shukla, learned Counsel for respondent No. 6. No one has appeared for the claimant respondent Nos. 1 to 5 even in the revised list. The appeal is directed against the award of the Motor Accident Claims Tribunal dated 30th August, 1986 passed in MACT No. 146 of 1984 by which compensation of Rs. 81,000/- with 6% interest has been awarded for the death of Jagdish Prasad.

(2.) The accident took place on 8th September, 1984. In the accident it is alleged that Bus No. UPT 6718 was involved. The deceased was on a bicycle and he was crushed to death by the said Bus on the Jhansi Mau Highway. The Tribunal in awarding compensation of Rs. 81,000/- apportioned the liability to pay the same between the Insurance Company respondent No. 6 to the extent of Rs. 50,000/- as the insurance was for the limited amount and the owners of the Bus to the extent of Rs. 31,000/-.

(3.) The appeal has been preferred by the owners of the Bus contending that actually no accident took place with the aforesaid bus on the relevant date.