Court No. - 3
Case :- FIRST APPEAL FROM ORDER No. - 1092 of 2019 Appellant :- U.P.S.R.T.C. Throu Its Regional Manager Respondent :- Smt. Sewati And Others Counsel for Appellant :- Raj Kumar Singh,Ajit Kr. Singh,L D Rajbhatr,M.M. Sahai Counsel for Respondent :- S.N.Chauhan,Smt.Archana Singh,Sufiya Bano Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri Himanshu Mishra holding brief of Sri Ajit Kumar Singh, learned counsel for appellant.
2. Admit.
3. The appeal requires to be allowed, in view of the decision of the Apex Court in the case of U.P.S.R.T.C Vs. Kulshestra and the recent judgment of the U.P.S.R.T.C TAC19
4. The appeal is partly allowed.
5. If the amount has been deposited by U.P.S.R.T.C before the Claims Tribunal, they may recover it from the insurance company if they had not deposit, the insurance company shall deposit an amount before executive court if execution is pending. Submission is made by Smt. Archana Singh, learned counsel for respondents that there is driving licence. It has not been proved that the owner or U.P.S.R.T.C. had placed the vehicle that driver had driving licence. The said fact is not proved and the insurance under the said ground, in this appeal cannot be countenanced. The insurance company in recent as the realm submission shall deposit cost of Rs.5,000/- with the execution Court they well aware that Section 147 of Motor Vehicles Act has been by the proved nor any attempt has been preferred by them.
Order Date :- 29.4.2019 Shubhankar