U.P.State Road Transport ... vs Sumer Singh & Ors.
2009 Latest Caselaw 4804 Del

31
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                        +      MAC.APP.No.916/2006

%                               Date of decision: 24th November, 2009


      U.P.STATE ROAD TRANSPORT CORPORATION ... Appellant
                     Through : Mr. S.K. Srivastava, Adv.

                      versus

      SUMER SINGH & ORS.                              ..... Respondents
                     Through :          Mr. Rakesh Kumar Ahlawat
                                        and Mr. Vinod Ahlawat, Advs.
                                        for R-1.

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 (Oral)

1. The appellant has challenged the award of the learned Tribunal

whereby compensation of Rs.1,83,900/- has been awarded to

respondent No.1.

2. The accident dated 13th March, 2003 resulted in grievous injuries

to respondent No.1 who was travelling in bus No.UP-14/N-5013 while

coming from Rishikesh to Delhi. When the said bus reached near

Kajampur Gate, a cow came in front of the bus due to which the driver

of the bus was not able to control the bus and dashed against the tree

resulting in grievous injuries to respondent No.1.

3. The only ground urged by learned counsel for the appellant at

the time of hearing of this appeal is that there was no rashness and

negligence on the part of the driver of the offending bus who struck

against the tree while saving a cow on the road.

4. The leaned Tribunal has given a finding of rashness and

negligence on the ground that the driver was not in control of his

speed and, therefore, hit against the tree. If the driver had been

driving the vehicle carefully, the driver would have applied the brakes

to stop the vehicle.

5. There is no infirmity in the finding of rashness and negligence of

the driver of the offending vehicle. There is no merit in this appeal

which is dismissed.

6. The appellant has deposited Rs.1,33,000/- along with interest

thereon with the learned Tribunal in terms of the order dated 20 th

November, 2006. The appellant shall deposit the balance award

amount along with up to date interest with the learned Tribunal within

30 days.

7. Upon the aforesaid deposit being made, the learned Tribunal

shall disburse the same to respondent No.1 in terms of its award.

8. After the deposit of the balance award amount along with

interest by the appellant with the learned Tribunal, the appellant shall

furnish the proof of the same to the Registry whereupon the Registry

shall refund the statutory amount of Rs.25,000/- to the appellant

through counsel.

9. Copy of this order be given 'Dasti' to learned counsel for the

parties under the signature of Court Master.

J.R. MIDHA, J

NOVEMBER 24, 2009 aj