Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 617 of 2000 Appellant :- U.P.S.R.T.C.
Respondent :- Bir Bahadur Singh And Others Counsel for Appellant :- Samir Sharma,Sanjeev Kumar Yadav
Hon'ble Vivek Agarwal,J.
Heard Sri Sanjay Kumar Yadav, learned counsel for the appellant. None appears for the respondents.
This appeal has been filed by the Uttar Pradesh State Road Transport Corporation being aggrieved of award dated 2.2.2000 passed by 9th Additional District Judge, Bulandshahar in Claim Case No. 138 of 1998 on the sole ground that learned claims Tribunal has not taken into consideration contributory negligence of the jeep in which claimant was travelling.
Learned counsel for the appellant has drawn attention of this Court to issue no. 2 decided by the learned Claims Tribunal and reading evidence of Kishan Kumar, Driver of the offending bus under the control of the appellant, it is submitted that there is factum of contributory negligence made out on part of the Tata vehicle in which injured was travelling.
Learned Claims Tribunal has dealt with the evidence of Kishan Kumar who was driver of the offending bus, which was plying between Delhi to Aligarh when accident took place at village Badalpur on G.T. Road. It has taken into consideration the fact that Kishan Kumar denied the factum of any criminal case being pending and admitted that the accident was head on collision. It has also referred to spot map (Nakhsha Najri) 15- Ga in which Tata vehicle has been shown to be travelling on its side whereas bus has been shown to have hit on the wrong side. This evidence could not be rebutted by the appellant before the learned Claims Tribunal by producing any independent witness, and therefore, when there is no rebuttal of the evidence available on record, ground of contributory negligence is not made out, therefore, appeal fails and is dismissed.
Parties to bear own cast.
Order Date :- 6.1.2021 Arif