Court No. - 6
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1129 of 2018 Appellant :- Smt. Tribhuneshwari Respondent :- Mazid Ali And 2 Ors Counsel for Appellant :- Suresh Kumar Gupta Hon'ble Ashok Kumar,J.
Order on delay condonation application.
Stamp Reporter has reported that the instant appeal is filed beyond time by 15 days.
Cause shown is sufficient. The delay in filing the appeal is hereby condoned.
The delay condonation application is allowed.
Order on appeal Heard learned counsel for the appellant.
This appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and award dated 16.05.2018 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No.11, Kanpur Nagar in MACP No.1060 of 2014.
The only issue which has been raised by the learned counsel for the appellant is the issue no.6 which relates to issuance of a valid permit in favour of the bus bearing registration no. U.P.- 78-AN 8072.
Learned counsel for the appellant has submitted that since the bus in question was going for the purpose of some technical repairing in the morning at 6 a.m. and during the course of movement the accident took place.
Learned counsel for the appellant, therefore, submits that since the bus in question was going for the purpose of repairing, therefore, the issuance of road permit was not required.
Having heard the learned counsel for the appellant and after perusal of the impugned judgment passed by the Tribunal, this Court has noticed that the accident took place at 6 a.m. when the bus in question was moving towards Kalyanpur and the driver was driving the said bus rashly and negligently as recorded by the Tribunal as such hitted the victim who was riding on a motorcycle.
The victim sustained serious injuries as his leg and hand were crushed and immediately he was hospitalised in Regency Hospital, Kanpur where he was treated for fifteen days and still he is under treatment.
In my opinion, the contention of the learned counsel for the appellant cannot be accepted as the bus in question was moving on the road at 6 a.m. when the accident took place and that too without valid permit, therefore, no one can accept that the vehicle/bus was going for repairing purpose at 6 a.m.
In view of the aforesaid, the appeal is dismissed. Order Date :- 25.9.2018 A.Kr.*