Uttar Pradesh State Road Transport Corporation v. Bijendra Narain Wahal

1. The first respondent, a retired bank employee, then aged about 62 years, suffered injuries in a motor vehicular accident that occurred on 20.03.2008. He instituted accident claim case (MACT No.19/2010) on 10.02.2009 impleading the Uttar Pradesh State Road Transport Corporation (UPSRTC) and its employee Krishan Kumar (driver) as respondents with the allegations that the accident had occurred due to negligent driving of bus bearing registration No.UP- 16P-9745 (the bus) of the UPSRTC (the appellant) by its said employee. The appellant and its employee contested the claim case, taking the position that the accident had occurred due to negligence on the part of the claimant himself since he had tried to board the bus 2017:DHC:5885 while it was taking a turn at traffic light of Sector 37 bus stand from the front door and had slipped in the process to come under its wheels.

2. The tribunal, on the basis of evidence led, by judgment dated 24.07.2010, held the driver (employee) of the appellant guilty of negligence and awarded compensation in the total sum of Rs.6,83,269/- calculating it thus:-

┌──────────────────────────────────────────────────────────────────────────────────┐
│  Sl.                           Head                            Amount in         │
│  No.                                                             (Rs.)           │
├──────────────────────────────────────────────────────────────────────────────────┤
│      1.    Compensation towards pain and suffering                    70,000/-   │
│      2.    Loss of amenities                                          50,000/-   │
│      3.    Disfigurement and loss of expectation of life              60,000/-   │
│      4.    Loss of income during treatment                            18,000/-   │
│      5.    Loss of earning capacity due to disability             1,76,400/-     │
│      6.    Attendant charges for four months                          16,000/-   │
│      7.    Expenses towards unpaid medical bills                  2,55,869/-     │
│      8.    Expenses towards physiotherapy                             10,000/-   │
│      9.    Expenses towards artificial limb                           17,000/-   │
│  10.       Compensation towards conveyance              and           10,000/-   │
│ 3.        The liability to pay the amount of compensation has been               │
│ fastened on the appellant.                                                       │
│ 4.        By the appeal at hand, UPSRTC questions the correctness of the         │
└──────────────────────────────────────────────────────────────────────────────────┘

11. By order dated 29.11.2010, the appellant had been directed to deposit the entire awarded amount with upto date interest with the (75%) was allowed to be released. The balance lying in deposit shall also now be released to the claimant in terms of the impugned award.

12. The statutory amount shall be refunded to the appellant.

13. The appeal stands disposed of in above terms. R.K.GAUBA, J. SEPTEMBER 26, 2017 vk