Satish Chandra, J.

Heard Sri Prabhakar Tewari, learned Counsel for the U.P. S. R. T. C. and Sri M. E. Khan, learned Counsel for the respondents.

2. This 'first appeal from order' has been filed u/s 173 of the Motor Vehicles Act against the judgment and award dated 13.12.2004, passed by the Motor Accident Claims Tribunal, Sultanpur in Motor Accident Claim Petition No. 101 of 1995, wherein an award of Rs. 1,09,900 was awarded.

3. The brief facts of the case are that on 9.5.1995 deceased Sri Ram Sundar was travelling in Jeep No. U.P. 44-A/0787. When the jeep reached near to village Bedupara, the driver got down for toilet by parking the jeep. In the meantime, a U.P.S.R.T.C. Bus No. 42A/6692 of Faizabad Depot was coming and hit the jeep from the backside. Deceased Sri Ram Sunder and another person namely Safat Ahmad had died on the spot. Other passengers also suffered injuries. Separate claim petitions were filed on behalf of both the deceased persons. The present claim petition is pertaining to the claim for the death of deceased Sri Ram Sunder. The Motor Accident Claims Tribunal has awarded the total compensation of Rs. 1,57,000 by observing that both vehicles were involved in