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Court No.11
F.A.F.O. No. 294 of 2003
Uttar Pradesh State Road Transport
Corporation , Allahabad and others Appellants
Vs.
Smt. Murli Devi and others Respondents
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Hon'ble Anil Kumar ,J.
Heard Km. Veena Sinha , learned counsel for the appellants and
Sri Akhilesh Chauhhan , learned counsel for the respondent.
In brief, the factual matrix of the present case, as submitted by the
learned counsel for the appellant are that on 19.9.2000, Sri Shitla Prasad
Tewari was going on his bicycle and at about 1.00 p.m. when he reached
near the bridge of perhatiya within the police-station Phatnapur district
Pratapgarh, the bus of Uttar pradesh State Road Transport Corporation
having registration no. U.P.65 H/ 7292 was plying on the rute Lucknow-
Varanasi due to rash and negligent driving of the driver dashed with the
bicycle of Shitla Prasad Tewari as a result of which he sustained grievous
injuries and later on he died.
In view of the above said fact, a claim petition had been filed by
the heirs of the deceased Shitla Prasad Tewari which was registered as
Claim Petition NO. 122 of 2000 ( Smt. Murli Devi and others Vs.
U.P.S.R.T.C. and another) in the Court of Motor Accident Claims
Tribunal/ Additional District Judge, Pratapgarh and compensation
amounting to Rs. 7,40,000/- was claimed.
In the said claim petition, a written statement was filed on behalf
of the respondents (U.P.S.R.T.C) as paper no. 18 Ga and in the said
written statement , the respondents , who are appellant in the present case
had taken the defence that on 10.9.2000 the bus in question was driven
by the driver Ram Sakal with due care and caution and no accident
whatsoever had taken place by the said bus and the Shitla Prasad Tewari
had died due to his own negligent .
After exchange of pleading and on the basis of documentary
evidence , the Tribunal had framed six issues for disposal of the claim
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petition out of which issue no .1 is reproduced as under:-
“Kya dinank 19.9.2000 ko lucknow-Varanasi road per perhatia pull
ke pass thana phatanpur zila pratapgarh wa U.P.S.R.T.C. Ki bus U.P.
65H/7292 ke chalak dwara bus ko teji wa laperwahi ka chalaye jane ke
karan durghatna ghatit hoi jisme Shitla Prasad chotahil ki mritue S.R.N.
Hospital Allahabad me ho gai”
Further, one the basis of oral evidence P.W.-2 Vishwa Nath
Tewari stated that on 19.9.2000 the accident took place due to rash and
negligent driving of the driver of the bus (registration no. U.P. 65
H/7292) and on the basis of other documentary evidence the Tribunal
had decided issue no. 1 in favour of claimants- respondents and a sum of
Rs. 80,000/- was awarded as compensation by the Tribunal by means of
award dated 11.3.2003.
Aggrieved by the award dated 11.3.2003 passed by the Tribunal
present appeal has been filed.
The sole ground which is taken by the appellants in the present
appeal is that the whole story that the accident had taken place due to
rash and negligent driving on the part of driver of the bus was a
concocted story and even if an accident had taken place , the same was
due to the negligence on the part of the rider of the bicycle as such
U.P.S.R.T.C is not liable to pay the compensation.
After hearing the learned counsel for the respondents and going
through the record as in the present case on the basis of documentary
evidence , the Tribunal had held that the accident had taken place due to
rash and negligent driving of the driver of the bus.
In view of the above said finding of facts recorded by the Tribunal
which were not perverse in nature the present appeal has got no force.
For the foregoing reasons, the appeal filed by the appellant lacks
merits and is accordingly dismissed.
13.1.2010
D.K.