U.P. STATE ROAD TRANSPORT Vs. ATARI

JUDGEMENT

(1.) THIS is an appeal Under Section 110-D of the Motor Vehicles Act against the judgment of the Motor Claims Tribunal dated 2-5-1979 awarding Rs. 47,000/- as compensation to the respondents from the U.P. State Road Transport Corporation.

(2.) THE respondents filed' a petition claiming Rs. 1,50,000/- on account of the death of Amar Singh in an accident which occurred on February 10, 1977 at 7.45 P.M. Amar Singh was the husand of respondent No, 1. Whereas the father of Ajit Singh, the minor son. The allegations made in the claim petition was that on account of rash and negligent driving by the driver of Bus No. U.S.T. 4765 belonging the U.P. State Road Transport Corporation (hereinafter- referred to as the Corporation), Jhota-Boggi (bullock cart) of the deceased Amar Singh plying on the road was completely smashed and in that accident Amar Singh received serious injuries to which be subsequently succumbed in the hospital on 11-2-1977. The respondents claimed that the deceased was 29 years of age.

(3.) IN the written statement, the Corporation did not challenge that the accident occurred due to the rash and negligent driving of the bus by its driver. Counsel for the Corporation even conceded before the court below that the accident had taken place on account of the rash and negligent driving of the bus by its driver. The question which was raised before the court below was that Smt. Atri pleaded on its behalf that Ajit Singh was not his son. Evidence was led by the claimants by producing the Kutumb Register and the witnesses. The court below relied on the witnesses of the respondents and decided issue No. 3 in their favour.