Up State Roadways Transport ... vs Naveen Kumar & Ors.
2009 Latest Caselaw 1082 Del

*         IN THE HIGH COURT OF DELHI AT NEW DELHI

+                     FAO No.843/2003

                          Date of reserve: 20th February, 2009
%                         Date of decision: 31st March, 2009

UP STATE ROADWAYS TRANSPORT
CORPORATION                           ..... Appellant
                 Through: Mr. S.K. Srivastava, Adv.

                         versus

NAVEEN KUMAR & ORS.                            ..... Respondents
                 Through:

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

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

2.        To be referred to the Reporter or not?

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


                            JUDGMENT

1. The appellant has challenged the impugned award of the

learned Tribunal whereby compensation of Rs.1,73,500/- has

been awarded to claimants/respondents No.1 to 5.

2. On 8th December, 1997, the deceased, Sanjay Kumar

was driving Maruti Van bearing No.DDA-6706 when he was hit

by UP Roadways bus bearing No.UP-15B-5595 near village Abu

Pur, P.S. Niwadi resulting in his death.

3. The deceased was survived by respondents No.1 to 5

who filed the claim petition before the learned Tribunal.

4. The deceased was aged 27 years at the time of the

accident and was employed with M/s. Technical Instruments

Techno Pvt. Ltd. drawing a salary of Rs.2,400/- per month and

it was claimed that the deceased was also earning Rs.5,000/-

from his part time business. Finding that evidence was not

sufficient to prove the income, the learned Tribunal took the

minimum wages for unskilled worker as income of the

deceased and computed the compensation by applying the

multiplier of 18.

5. The learned Tribunal computed the compensation at

Rs.2,55,206.80. However, the said amount was reduced by

25% by attributing contributory negligence to the deceased.

6. The appellant has challenged the impugned award on

the ground that the accident took place due to the negligence

of the deceased himself. In the alternative, it is submitted

that the contributory negligence of the deceased be taken at

50% instead of 25% and the compensation be reduced by

50%.

7. The FIR in respect of the accident in question was

registered by Sant Kumar Yadav who was travelling in Maruti

Van at the time of the accident. The negligence was proved

by the independent witness, PW-2, Braham Dev who deposed

that he has a hotel on the left hand side of the road at Village

Abu Pur and he witnessed the accident. The witness deposed

that he noticed the UP Roadways bus coming from Delhi side

at high speed driven in a zig-zag manner. The appellant

examined, RW-1, Mewa Ram who made a contrary statement.

8. The site plan, Ex.PX-3 of the accident prepared by the

Investigating Officer of the police indicates that after the

accident, the bus went on to the extreme right side on the

kacha portion and hit a tree which is clear proof that the

speed of the bus was very high, otherwise after hitting the car

it would not have gone down towards the right side to a

considerable distance and hit a tree.

9. The negligence of the bus driver is clear from the

evidence of the independent witness, PW-2 and site plan -

Ex.PX-3, though the learned Tribunal has also put some blame

on the driver of the Maruti Van on the ground that had the

deceased been careful in driving, he would have easily seen

the bus coming towards him and would have avoided the

accident. The quantum of compensation assessed by the

learned Tribunal is also in accordance with law.

10. There is no merit or substance in this appeal. The

appeal is, therefore, dismissed. No costs.

J.R. MIDHA, J March 31, 2009 s.pal