Allahabad High Court
U.P.S.R.T.C.Through Its R.M. ... vs Smt.Murli Devi And Others 2 on 13 January, 2010
Author: Anil Kumar
Bench: Anil Kumar
1
Court No.11
F.A.F.O. No. 294 of 2003
Uttar Pradesh State Road Transport
Corporation , Allahabad and others Appellants
Vs.
Smt. Murli Devi and others Respondents
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Hon'ble Anil Kumar ,J.
Heard Km. Veena Sinha , learned counsel for the appellants and Sri Akhilesh Chauhhan , learned counsel for the respondent.
In brief, the factual matrix of the present case, as submitted by the learned counsel for the appellant are that on 19.9.2000, Sri Shitla Prasad Tewari was going on his bicycle and at about 1.00 p.m. when he reached near the bridge of perhatiya within the police-station Phatnapur district Pratapgarh, the bus of Uttar pradesh State Road Transport Corporation having registration no. U.P.65 H/ 7292 was plying on the rute Lucknow- Varanasi due to rash and negligent driving of the driver dashed with the bicycle of Shitla Prasad Tewari as a result of which he sustained grievous injuries and later on he died.
In view of the above said fact, a claim petition had been filed by the heirs of the deceased Shitla Prasad Tewari which was registered as Claim Petition NO. 122 of 2000 ( Smt. Murli Devi and others Vs. U.P.S.R.T.C. and another) in the Court of Motor Accident Claims Tribunal/ Additional District Judge, Pratapgarh and compensation amounting to Rs. 7,40,000/- was claimed.
In the said claim petition, a written statement was filed on behalf of the respondents (U.P.S.R.T.C) as paper no. 18 Ga and in the said written statement , the respondents , who are appellant in the present case had taken the defence that on 10.9.2000 the bus in question was driven by the driver Ram Sakal with due care and caution and no accident whatsoever had taken place by the said bus and the Shitla Prasad Tewari had died due to his own negligent .
After exchange of pleading and on the basis of documentary evidence , the Tribunal had framed six issues for disposal of the claim 2 petition out of which issue no .1 is reproduced as under:-
"Kya dinank 19.9.2000 ko lucknow-Varanasi road per perhatia pull ke pass thana phatanpur zila pratapgarh wa U.P.S.R.T.C. Ki bus U.P. 65H/7292 ke chalak dwara bus ko teji wa laperwahi ka chalaye jane ke karan durghatna ghatit hoi jisme Shitla Prasad chotahil ki mritue S.R.N. Hospital Allahabad me ho gai"
Further, one the basis of oral evidence P.W.-2 Vishwa Nath Tewari stated that on 19.9.2000 the accident took place due to rash and negligent driving of the driver of the bus (registration no. U.P. 65 H/7292) and on the basis of other documentary evidence the Tribunal had decided issue no. 1 in favour of claimants- respondents and a sum of Rs. 80,000/- was awarded as compensation by the Tribunal by means of award dated 11.3.2003.
Aggrieved by the award dated 11.3.2003 passed by the Tribunal present appeal has been filed.
The sole ground which is taken by the appellants in the present appeal is that the whole story that the accident had taken place due to rash and negligent driving on the part of driver of the bus was a concocted story and even if an accident had taken place , the same was due to the negligence on the part of the rider of the bicycle as such U.P.S.R.T.C is not liable to pay the compensation.
After hearing the learned counsel for the respondents and going through the record as in the present case on the basis of documentary evidence , the Tribunal had held that the accident had taken place due to rash and negligent driving of the driver of the bus.
In view of the above said finding of facts recorded by the Tribunal which were not perverse in nature the present appeal has got no force.
For the foregoing reasons, the appeal filed by the appellant lacks merits and is accordingly dismissed.
13.1.2010 D.K.