Delhi High Court
Uttar Pradesh State Road ... vs Harinder Singh And Anr. on 2 August, 2019
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 02.08.2019
+ CM No. 26430/2019 & MAC.APP. No. 468/2014
UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION
..... Appellant
Through: Mr. Shadab Khan, Advocate.
Versus
HARINDEER SINGH AND ANR. .... Respondents
Through: Mr. Rakesh Sherawat, Advocate for
Respondents No. 1 and 2.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)
1. The only ground on which this appeal is preferred is that the insured
vehicle was not involved in the motor vehicular accident in which the kin of
the claimant has lost his life. By the impugned order, the learned MACT has
awarded a compensation to the respondent claimants.
2. It was the claimant's case that on 13.05.2012 while deceased Ankit
Kumar Tokas was driving motorcycle bearing no. DL-3S-BX-3398, carrying
his maternal aunt Rekha alongwith her minor daughter Chhavi as pillion
riders and going to the house of his maternal uncle, his motorcycle was hit
by a bus owned by the U.P. Roadways bearing no. UP-14-AH-9448. Ankit
as well as the pillion riders received grievous injuries. During treatment,
Ankit and the minor Chhavi succumbed to their injuries. An FIR No. 48/12
vide Crime Number 127/12 u/s 279/338/304A/427 IPC was registered at PS-
Salempur, District Shikarpur, Bulandshahar, Uttar Pradesh. The police
prepared the site plan of the place of accident and produced the postmortem
report of the deceased. The police also arrested respondent No.1-driver of
the offending vehicle, namely, Mr. Virender Singh. It is not in dispute that
Virender Singh was the driver of the offending vehicle and that he was
employed by the U.P. State Road Transport Corporation.
3. This claim petition for compensation had been preferred apropos the
demise of Ankit Kumar Tokas. In another claim petition filed for
compensation for the loss of life of Chhavi, as well as for injuries suffered
by her aggrieved mother Rekha, the learned MACT at Bulandshahar has
already awarded compensation in MAC No.182/2012, dated 20.03.2013,
after holding the appellant liable for the accident i.e. i) its aforesaid bus was
found to be involved in the accident and ii) that it was being driven by the
aforenamed driver. Interestingly, the driver of the offending bus has not
tendered any evidence despite due notice. The learned Tribunal found the
statement of the bus conductor unreliable and untrustworthy because the
driver would have been in a better position to have witnessed the collision
with the vehicle coming from the opposite direction. But the driver did not
testify at all. Ordinarily, the conductor would be sitting towards the rear
side of the vehicle and not in front, therefore, in the peculiar facts of this
case his testimony was not found reliable. Additionally, the learned
Tribunal has also found the aforesaid bus as well as driver, culpable for the
loss.
4. In view of the above, the argument apropos the non-involvement of
the vehicle is untenable.
5. In the circumstances, the appeal is without merits and is accordingly
dismissed. The pending application also stands dismissed.
6. The awarded amount shall be deposited by the appellant within four
weeks from the date of receipt of this order along with interest accrued
thereon and the amount shall be disbursed to the beneficiaries of the award
in terms of the scheme of disbursement specified in the award.
7. The statutory deposit of Rs.25,000/- alongwith interest accrued
thereon be deposited in the 'AASRA' Fund.
NAJMI WAZIRI, J.
AUGUST 02, 2019
acm/sb
