JUDGMENT Prakash Krishna, J.
1. This appeal is directed against the award dated 30th November, 1992 passed by the Motor Accident Claims Tribunal in M.A.C. No. 52 of 1992.
2. The claimant-respondents filed a claim petition on the allegation that on 7.5.1990 at about 8.30 p.m. Kedar Prasad was crushed by a Bus No. UP 050/0898 belonging to the present appellant. The Bus was being driven rashly and negligently. The appellant denied the accident and involvement of the Bus in the accident in written statement. The parties led evidence in support of their respective cases before the Claims Tribunal. The Claims Tribunal after appreciation of the evidence has recorded a finding that the Bus of the appellant was involved in the accident and on account of its rash and negligent driving the accident took place and Kedar Prasad lost his life. It awarded a sum of Rs. 85,000 towards the lumpsum compensation. Aggrieved against the aforesaid award the present appeal has been filed.
3. Heard Mr. Sameer Sharma, the learned Counsel for the appellant and Mr. L.P. Singh and Mr. C.K. Rai, the learned Counsel for the respondents. The learned Counsel for the appellant submitted that the finding recorded by the Tribunal on issue No. 1 is perverse and against the material on record. He strenuously contended that there is no evidence worth the name to show that the Bus of the Transport Corporation was involved in the accident. A perusal of the findings recorded under the issue No. 1 shows that the Tribunal has placed reliance on the statement of eye-witness. It is significant to note here that the registration number of the Bus is mentioned in the First Information Report though lodged on the next day. The learned Counsel for the appellant could not show as to how the Tribunal's appreciation of the evidence is incorrect. In the facts and circumstances of the case no fault can be found out in the finding of the Tribunal under issue No. 1. There is sufficient evidence to justify that the Bus of the Corporation was involved in the accident and Mr. Kedar Prasad lost his life on account of rash and negligent driving of the Bus in question bearing registration No. UP 050/0898.
4. It was submitted that the compensation awarded is towards the higher side. In the claim petition a sum of Rs. 5,85,000 was claimed as compensation. The Tribunal has taken into consideration the fact that the deceased was employed in a cloth shop and was earning a sum of Rs. 500 per month. It was pleaded that the deceased was doing cloth business and was earning a sum of Rs. 1,000 as additional income. The deceased was aged about 28 years at the time of the accident. The Tribunal after appreciation of the evidence has come to the conclusion that the deceased was not doing any cloth business. He was working as an employee in a cloth shop. The Tribunal has awarded a sum of Rs. 85,000 as lumpsum compensation. In view of the facts and circumstances of the case it cannot be said that the compensation as awarded by the Tribunal is arbitrary or unjust. There is no merit in the appeal. The appeal is dismissed.
5. I have been informed that the respondent No. 4 has died during the pendency of the appeal. If that is so the respondent Nos. 1, 2 and 3 are her heirs and they can withdraw the sum awarded by the Motor Accident Claims Tribunal.
The appeal is dismissed.