Court No. - 2
Case :- FIRST APPEAL FROM ORDER No. - 2043 of 2021 Appellant :- U.P.S.R.T.C. And Others Respondent :- Nishi Prabha Srivastava And Others Counsel for Appellant :- Rahul Anand Gaur,Shashank Shekhar,Sheo Ram Singh Counsel for Respondent :- A.K. Shukla,P.K. Gupta
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri S.K. Mishra, learned counsel for the appellant.
By way of this appeal, the appellant-UPSRTC has challenged the judgment and award dated 20.7.2002 passed by Motor Accident Claims Tribunal/Vth Additional District Judge, Banda in M.A.C.T. Case No.191/70 of 2000.
Issues raised by the UPSRTC challenging the award granted by the Tribunal is that first driver did not drive the bus rashly and negligently and that the deceased had a learning driving licence. The witnesses who had deposed were not believed by the Tribunal is also one of the contention.
It is submitted by learned counsel appearing on behalf of UPSRTC that the Tribunal committed an error in granting the compensation.
The issue no. 1 goes to show that the accident took place on 10.5.2000 at 7:30. The driver of UPSRTC drove the bus and dashed with the deceased. Charge - sheet was against him. All witnesses have in unison opined that the bus dashed motorcyclist from behind. The vehicle whether motorcyclist had driving licence or not is the question which is not the reason for accident and pales into the insignificance the reason being he had a learning licence once the vehicle is hit from behind this aspect is not to be seen as that is not cause of accident The tort-feassor cannot be said or heard to say that the driver of motorcycle had violated any of Traffic Rules, it is not known whether the driver had a confirmed driving licence or not. Thus, this submission cannot be permitted and both persons on the motorcycle died on the spot. The pillion may be having licence which is required under Law.
Issue no. 2 also goes to show that the Tribunal has not committed any error in granting the compensation and or deciding against the UPSRTC.
The issue of negligence as decided by the Tribunal cannot be found fault with. There is no cross appeal filed by the claimant - respondent.
In that view of the matter, this appeal sans merit and is dismissed. Record be sent back to the Tribunal forthwith.
Order Date :- 23.12.2021/Mukesh