The appellate court dismissed an appeal filed by U.P.S.R.T.C. against an award of compensation granted by the Motor Accident Claims Tribunal in a motor vehicle accident case where the driver died. The court found sufficient evidence to implicate the bus.
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Court No. - 53
Case :- FIRST APPEAL FROM ORDER No. - 3857 of 2008
Appellant :- U.P.S.R.T.C. And Another Respondent :- Smt. Salma And Others Counsel for Appellant :- ,Sunil Kumar Misra Counsel for Respondent :- Gyan Chandra Yadav
Hon'ble Vivek Agarwal,J.
Heard Sri Sunil Kumar Misra, learned counsel for the appellants.
This appeal has been filed by U.P. State Road Transport Corporation being aggrieved vide order dated 04.09.2008 passed by the learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 4, Ghaziabad allowing compensation in favour of the claimants and against the defendant on account of the accident which had taken place on 20.04.2004, when husband of the claimant no. 1 namely, Shaukeen was driving on his scooter, when at about 03:25 pm offending roadways bus bearing no. UP 22 A 9516 hit the scooter as a result of which injured Shaukeen was taken to Hapur and from thereto Meerut where he breathed his last.
Learned counsel for the appellant submits that claim has been allowed without recording any finding of negligence and carelessness of the driver of the bus and moreover, even the involvement of the bus could not be proved by the claimants, therefore, the award suffers from infirmity and deserves to be set aside.
After hearing the learned counsel for the appellants and going through the record, it is evident that factum of accident was properly proved and has been answered by the learned claims tribunal while answering issue no. 1. It has come on record that PW2 and PW3 have been examined. They have proved the First Information Report and also the spot map.
It has come on record that in the FIR, number of the offending bus has been recorded. It has also come on record that after investigation, charge-sheet was filed against the driver of the offending bus and this fact has been corroborated by evidence of witness Rashid Ali. Though, driver conductor of the bus denied the factum of the accident, but have admitted in the cross-examination that on the same day at about 03:30 pm at Garhchauraha, police had stopped the bus and seized the same. It has also come on record that bus was seized on account of its
involvement in the accident, therefore, there is sufficient evidence to implicate the bus in question and thus the arguments put-forth by the learned counsel for the appellant that bus has been falsely implicated is not made out.
Therefore, appeal being devoid of merits and deserves to be dismissed and is dismissed.
Order Date :- 12.2.2020 Vikram/-
1 issue framed by the court
Whether the award of compensation passed by the Motor Accident Claims Tribunal suffering from infirmity due to lack of findings on negligence should be set aside.
U.P.S.R.T.C. And Another
Smt. Salma And Others
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
