JUDGMENT :

Bhagabati Prasad Banerjee, J.—This is an appeal preferred u/s 110-D of the Motor Vehicles Act, 1939 by the appellant who is admittedly the owner of the offending bus being No. WBY 1226. The appeal arises out of an award given by the learned Additional District Judge 13th Court, Alipore who discharged the function as Accidents Claims Tribunal for Calcutta and 24 Parganas at Alipore dated 11th November, 1987 passed in M.A.C.C. No. 421 of 1978.

2. The relevant facts of this case are that on 31st July, 1978 at about 6.30 in the morning an accident took place in which the husband of the claimant-respondent was run over by the offending vehicle being No. WBY 1226. The facts that the accident took place and because of the accident the victim died are not in dispute. On behalf of the claimants eight witnesses were examined before the Motor Accidents Claims Tribunal and PW 5, Subhassis Roy, was the only eyewitness in respect of the accident that took place in which the victim died. PW 5 stated that on 31st July, 1978 he saw a motor accident on V.I.P. Road at about 6.30 a.m. when a school bus bearing No. WBY 1226 while making attempt to overtake a taxi from wrong side, i.e., left si