JUDGMENT :

K.J. Thaker, J.

1. Heard Sri R.K. Porwal for the appellant, Sri M.M. Sahai for U.P. State Road Transport Corporation and Sri A.A. Khan for the Insurance company in FAFO No.2737 of 2014 and Sri M.M. Sahai for the appellant, Sri R.K. Porwal for the claimant and Sri A.A. Khan for the Insurance company in FAFO No.2795 of 2014.

2. Both these appeals raise issues which have to be decided by the Division Bench in the light of judgment of UPSRTC Vs. Km. Mamta and others, reported in AIR 2016 SC 948, and the later judgment. The appeal, being Appeal No.2737 of 2014 is preferred by the claimants and the appeal, being Appeal No.2795 of 2014, is preferred by U.P.S.R.T.C. Both have challenged what is known as the issue of negligence. The U.P.S.R.T.C. has raised the issue of negligence contending that the Tribunal has committed an error which can be said to be an error apparent on the face of record as the site plan, the record and all the factual data would go to show that the truck came and dashed with the bus whereby the driver of the bus and the passenger scummed to injuries. Th