U.P.Stat Road Transport ... vs Bashiran & Ors.
2010 Latest Caselaw 285 Del

43
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       MAC.APP.No.274/2008

%                                 Date of decision: 19th January, 2010


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

                      versus

      BASHIRAN & ORS.                   ..... Respondents
                   Through : Ms. Neerja Sachdeva, Adv. for
                             R-3.

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

1.      Whether Reporters of Local papers may                  NO
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?                 NO

3.      Whether the judgment should be                         NO
        reported in the Digest?

                               JUDGMENT (Oral)

1. The appellant has challenged the order of the Tribunal

dated 20th November, 2007 whereby Rs.4,98,000/- has been

awarded to the claimants.

2. The accident dated 12th June, 2003 resulted in the death of

Shaheed Ahmed. The deceased was survived by his parents who

file the claim petition before the learned Tribunal. The deceased

was travelling in Bus bearing No.UP-25-G-9348 which collided

with Truck No.HR-38-A-7219, coming from the opposite direction.

Learned Tribunal held both the vehicles to be negligent and the

liability of the bus and truck was held to be 50% each.

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

is that the truck was driven rashly and negligently and, therefore,

the entire liability should be imposed on the truck which was

insured with respondent No.3, New India Insurance Company Ltd.

4. The accident resulted in death of both the drivers of the bus

as well as truck. The conductor of the truck appeared in the

witness box as PW-2 and deposed that the accident occurred due

to rash and negligent driving of the bus.

5. The learned Tribunal held the drivers of the bus as well as

truck to be negligent on the basis of evidence on record. There is

no infirmity in the Order of learned Tribunal. The order of learned

Tribunal is upheld. The appeal is dismissed.

6. The appellant has adjusted the statutory amount of

Rs.25,000/- deposited along with this appeal while depositing

50% with the award amount. In that view of the matter, the

statutory amount of Rs.25,000/- be released to the respondent

No.1 within a period of one month from today.

7. Copy of the order be given dasti to both parties under the

signatures of the Court Master.

J.R. MIDHA, J JANUARY 19, 2010 HL