U.P. State Road Transport ... vs Hansmukhi Verma & Ors.
2009 Latest Caselaw 2719 Del

22
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                   +       MAC.APP.No.700/2007

                                     Date of Decision: 20th July, 2009
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      U.P. STATE ROAD
      TRANSPORT CORPORATION               ..........Appellant
                    Through : Mr. S.K. Srivastava, Adv.

                       versus

      HANSMUKHI VERMA & ORS.             ..... Respondents
                   Through : Mr. S.N. Parashar, Adv.

CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may                    Yes
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?                   Yes

3.      Whether the judgment should be                           Yes
        reported in the Digest?


                           JUDGMENT (Oral)

CM No.6233/2008

1. For the reasons stated in the application, the

application is allowed and the appeal is restored to its

original number.

2. CM stands disposed of.

MAC.APP.No.700/2007

1. The accident dated 15th June, 2004 resulted in the

death of Sumit Verma who was travelling in UP Roadways

Bus bearing No.UP-21-J-9964. The deceased was travelling in

the said bus which met with the accident with a tractor

trolley. The deceased died on the spot.

2. The deceased was survived by his parents and sister

who filed the claim petition before the learned Tribunal under

Section 163A of the Motor Vehicles Act. The learned Tribunal

awarded a compensation of Rs.3,66,667/- to the claimants.

3. The only ground urged at the time of hearing of this

appeal is that the driver of the UP Roadways Bus was not

rash and negligent and the accident occurred due to the

negligence of the tractor trolley.

4. It is well settled that under Section 163A of the Motor

Vehicles Act, the claimants were not required to prove the

negligence. The owner of the vehicle involved in the

accident is liable to pay the compensation in case of death

due to the accident arising out of the use of motor vehicle. It

is not disputed that the deceased was travelling in the UP

Roadways bus involved in the accident.

5. Considering the facts and circumstances of this case

and the settled law, the appeal is dismissed.

J.R. MIDHA, J

JULY 20, 2009 aj