JUDGMENT :

Abhay Manohar Sapre, J.

1) Leave granted.

2) This appeal is filed by the defendant/appellant-Corporation against the judgment/order dated 28.05.2014 passed by the Division Bench of the High Court of Allahabad in First Appeal from Order No. 1681 of 2014, which in turn, arises out of an Award dated 18.02.2014 passed by the Motor Accident Claim Tribunal/District Judge (in short ‘the Tribunal’), Hathras, Uttar Pradesh in MACT No. 131 of 2010.

3) In order to appreciate the short issue involved in this appeal, it is necessary to state a few relevant facts:

4) The respondents-Claimant(Plaintiffs) filed a Claim Petition under Sections 140 and 166 of the Motor Vehicles Act, 1988 (in short ‘the M.V. Act’) against the appellant-Corporation before the Tribunal, Hathras claiming compensation to the tune of Rs.36,35,880/- for the death of one Raj Kumar Gautam, who died in a vehicular accident. According to the respondents, on 22.09.2010, Raj Kumar Gautam-the deceased while going on his Motor Cycle bearing No. UP-86F-9224 on Hathras-Agra road near a place called ‘Ghas Mandi’ was hit by the appellant’s bus bearing Registration No. UP-14-AB-9038.

5) It was, inter alia, alleged that the offendi