Court No. - 16
Case :- FIRST APPEAL FROM ORDER No. - 1005 of 2017 Appellant :- Ajay Kumar Yadav Respondent :- Sri Rakesh Kumar Yadav And 4 Ors., Counsel for Appellant :- V.K. Singh Srinet Counsel for Respondent :- A.C. Nigam,Avdhesh Chandra Nigam
Hon'ble Arvind Kumar Mishra-I,J.
1. Heard learned counsel for the parties and perused the record.
2. This first appeal from order has been moved against judgement and award order dated 27.03.2015 passed by Motor Accident Claim Tribunal/Additional District & Sessions Judge, court no.4, Gorakhpur in M.A.C.P. No.438 of 2009 (Rakesh Kumar Yadav versus Ajay Kumar Yadav and others).
3. Learned counsel for the appellant submits that the present appellant is the owner of Truck No. UP 53 AT/5025. The only contention raised by learned counsel for the appellant before this Court is that on the basis of anomaly and/or absence of permit of the aforesaid truck, liability has been fastened to the extent of 40% against the owner of the truck in question and this finding recorded by the tribunal, under the facts and circumstances of the case, appears to be not reasonable and justified. He adds that specific testimony has come out from the witness, who while justifying about the manner of the accident has submitted that the another vehicle (Truck No. UP 53 T- 6175) involved in the accident was being driven rashly and negligently, due to which, the accident was occurred.
4. The contention so raised by the learned counsel for the appellant is not sustainable for the reason that the testimony of Rakesh Kumar Yadav P.W.1 is overwhelmingly on the point that the spot where the accident was on the pitch road and it was head on collision between the two trucks.
5. In view of above, the appellant cannot escape its liability to the extent imposed by the tribunal.
6. Looking to the entirety of the case, the compensation awarded appears to be just and consistent. No interference is required.
7. In view of above, there is no error in the finding recorded by the Tribunal and the compensation awarded is just and consistent, therefore, this First Appeal From Order sans merit and the same is dismissed in limine.
8. The deposit made before the Court shall be remitted to the concerned Tribunal and the amount will be adjusted towards payment to be made to the injured claimant.
9. Parties shall bear their own cost.
Order Date :- 25.4.2018 Raj