UTTAR PRADESH STATE ROAD Vs. HASEEN FATMA

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act has been filed by the Uttar Pradesh State Road Transport Corporation against the judgment of the Motor Accident Claims Tribunal Allahabad, awarding Rs. 1,50,000/- to the respondents account of the damages suffered by them due to death of Zahir Ahmad alias Bachcha Miyan. Zahir Ahmad is the husband of respondent No. 1 whereas father of the respondents Nos. 2 to 10.

(2.) AT about 7 a.m. on May 19, 1976, Zahir Ahmad was going by a cycle infront of Tahsil Phoolpur on the eastern patri on Jaunpur-Allahabad load when bus, belonging to the Uttar Pradesh State Road Transport Corporation, No. UPZ 9549 suddenly came from behind and bit him; as a result of which the deceased fell down on the ground and having received serious injuries instantaneously died on the spot. The respondents there after filed a claim petition stating that the deceased was contributing Rs. 700/- to 800/-per month to the family and on account of his death the family had lost the same.

(3.) ON the pleadings of the parties the Tribunal framed the following four issues: