U.P. STATE ROAD TRANSPORT Vs. DEWARTI

JUDGEMENT

(1.) THE U.P. State Road Transport Corporation has assailed the award of the Motor Accident Claims Tribunal, Banda, whereby a sum of Rs. 31,000/- has been awarded as compensation on account of the death of one Ram Raj Singh who died as a result of an accident involving appellant's Bus No. UPG 2049.

(2.) ACCORDING to the allegation made in the claim petition, an accident took place on 28-12-1976 at about 9-40 a.m. at a place nearly 2 kms. from Mataundh towards Mahoba-Banda road, At the relevant time, the deceased Ram Raj Singh was driving his bullock-cart on that road and on account of collision of the aforesaid Bus with the bullock-cart from behind, the said Ram Raj Singh fell down from his bullock cart and subsequently died on account of injuries received by him. The claimants are the widow, sons and daughter of the deceased. A sum of Rs. 1,07,000/- was claimed on the ground that the monthly income of the deceased was Rs. 1000/- to the extent of which he was supporting the family. Some amount was claimed on account of medical expenses, damage caused to the bullock-cart, loss of one bullock in the accident and for funeral and other expenses.

(3.) THE Tribunal framed as many as five issues which 'are reproduced below: