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Upsrtc v. B. Dubey - FIRST APPEAL FROM ORDER No. - 66 of 1984 [2007] RD-AH 16844 (24 October 2007)

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Court No.1

First Appeal From Order No. 66 of 1984

U.P State Road Transport ............. appellant


Sri Bindeshwari Dubey ............. respondent


Hon'ble Prakash Krishna,J

This is an appeal under section 110-D of Motor Vehicles Act 1939 against the award dated 4.10.1983 passed by Motor Accident Claims Tribunal, Deoria in Motor Accident Claim Case No. 29 of 1981.

The claim petition was filed by the parents of the deceased (Lallan Dubey) who died in a road accident on 8.6.1981 while going on cycle to visit one of his relatives. The accident took place by the bus bearing registration No. USB 9546 at about 8.00 AM in Village Charha District Deoria. According to the claim petition, the bus was being driven rashly and negligently and hit Lallan Dubey the deceased son of the claimant-respondent.

In reply the defence set up was that the bus of the Corporation was not involved in the accident. The accident took place on account of negligence of the cyclist as he was on the wrong side of the road.

The parties led evidence in support of their respective cases. The Tribunal by the order under appeal has awarded a sum of Rs.50,000/- as compensation.

Shri Samir Sharma, learned counsel for the appellant has submits mainly two points in support of the appeal. He submits that the finding of the Court below on the question of negligence of the driver of the bus is wrong and secondly the compensation awarded by the Tribunal is towards higher side.

The Court below has considered the question of negligence under issue No. 1. It has found on the basis of material on record that the cyclist was not on the wrong side of the road. The court below has believed the statement of PW-2 in this regard and has disbelieved the statement of DW-1. It has found that the truck driver did not stop the vehicle after the accident and attempted to run away with the vehicle by speeding it. The Court below has also found that the evidence produced by the claimants is corroborated with other evidence such as FIR and spot inspection memo. The finding recorded by the Court below under issue No. 1 is well considered one and does not suffer from any error of law.

So far as the question of quantum of compensation is concerned, the Court below has awarded a reasonable amount of Rs.50,000/- as compensation. The deceased was studying in B.A class and the father of the deceased was a Subedar Major in the Army force at the relevant point of time. He deposed that he wanted that his son may also join the Army force after completing the education. The Court below has taken into consideration the relevant facts and circumstances of the case and has rightly awarded a sum of Rs.50,000/- as compensation which cannot be said to be, in any manner, excessive or arbitrary. There is no force in the appeal.

The appeal is dismissed. No order as to costs.

(Prakash Krishna, J.)

Dated: 24-10-2007



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