Oral Judgment. :

1. The Corporation has preferred appeal against the judgment and order passed by the Motor Accident Claims Tribunal, Thane (for short “the Tribunal”).

2. The Respondents/Claimants have also filed cross-objection for enhancement of compensation. As appeal and cross-objection are against the same judgment and order hence, I am deciding it by this common judgment.

3. It is contention of learned counsel for the Appellant - Corporation that accident occurred due to sole negligence of the deceased, who was driving the Maruti Car, he dashed the offending bus but this fact is not considered by the Tribunal. Hence, requested to allow the Appeal.

4. It is contention of learned counsel for the Respondents/Claimants that the offending bus was in high speed, the driver of offending bus could not control the speed of bus and initially he dashed the Ambulance, which was ahead of Car of deceased and then dashed Car of deceased. To prove the negligence of driver of offending bus, witness was examined. Considering the evidence on record, the Tribunal has held that accident occurred due to sole negligence of the driver of offending bus. Learned counsel further submitted that while awardi