U.P. Stat Road Transport Corporation v. Bashiran & Ors.

1. Whether Reporters of Local papers may NO be allowed to see the Judgment?

2. To be referred to the Reporter or not? NO

3. Whether the judgment should be NO reported in the Digest? JUDGMENT (Oral)

1. The appellant has challenged the order of the Tribunal dated 20th November, 2007 whereby Rs.4,98,000/- has been awarded to the claimants.

2. The accident dated 12th June, 2003 resulted in the death of Shaheed Ahmed. The deceased was survived by his parents who file the claim petition before the learned Tribunal. The deceased was travelling in Bus bearing No.UP-25-G-9348 which collided with Truck No.HR-38-A-7219, coming from the opposite direction. Learned Tribunal held both the vehicles to be negligent and the liability of the bus and truck was held to be 50% each.

3. The only ground urged by learned counsel for the appellant 2010:DHC:288 is that the truck was driven rashly and negligently and, therefore, the entire liability should be imposed on the truck which was insured with respondent No.3, New India Insurance Company Ltd.

4. The accident resulted in death of both the drivers of the bus as well as truck. The conductor of the truck appeared in the witness box as PW-2 and deposed that the accident occurred due to rash and negligent driving of the bus.

5. The learned Tribunal held the drivers of the bus as well as truck to be negligent on the basis of evidence on record. There is no infirmity in the Order of learned Tribunal. The order of learned Tribunal is upheld. The appeal is dismissed.

6. The appellant has adjusted the statutory amount of Rs.25,000/- deposited along with this appeal while depositing 50% with the award amount. In that view of the matter, the statutory amount of Rs.25,000/- be released to the respondent No.1 within a period of one month from today.

7. Copy of the order be given dasti to both parties under the signatures of the Court Master. J.R. MIDHA, J JANUARY 19, 2010 HL