Court No. - 26
Case :- FIRST APPEAL FROM ORDER No. - 173 of 2013 Appellant :- U.P.S.R.T.C. And Another Respondent :- Rajit Ram And Others Counsel for Appellant :- Dinkar Mani Tripathi
Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the appellants.
2. The present appeal is directed against the judgment and decree dated 13.9.2012 passed by Motor Accident Claims Tribunal/District Judge, Basti, whereby the Tribunal has awarded Rs.1,57,500/- along-with 6% interest to the claimants- respondents.
3. Learned counsel for the appellants-U.P.S.R.T.C. has contended that the finding of the Tribunal that the Bus No. UP53AT/6791 was involved in the accident is illegal inasmuch as, PW-1 Smt. Gayatri Devi mother of the deceased who was an eye witness had stated that her son namely Ajai Kumar had fallen on the road due to which he sustained injuries in head and died. Thus, the submission is that as per statement of eye witness it is established that the deceased Ajai Kumar had not died in accident with the bus.
4. I have heard learned counsel for the appellants and perused the record.
5. The Tribunal has recorded a finding that PW-1 Gayatri Devi has denied the fact that his son was not hit by bus. The testimony of PW-1 Gayatri Devi reveals that she had stated that her son was hit by bus and had sustained injuries. Besides the above, the Tribunal further relied upon other documentary evidence and the testimony of PW-2 Dharmendra Kumar & PW-3 Ram Janam, eye witnesses of the accident who had stated that the deceased had died due to accident with bus.
6. The record further reveals that though the appellant had produced conductor and driver of the bus DW-1 and DW-2 to prove that the bus was not involved in the accident, but the Tribunal after considering the testimony of PW-1, PW-2 and PW-3 produced by the claimants and the other documentary evidence led by the claimants came to the conclusion that the bus no. UP53AT/6791 was involved in the accident.
7. The counsel for the appellant could not demonstrate from the record that the finding of the Tribunal in respect of involvement of the bus in the accident is perverse.
8. Thus, in view of the said fact, the finding of the Tribunal on the issue of involvement of the bus is correct and based on proper appreciation of evidence on record and does not call for interference by this Court in appeal.
9. For the reasons given above, the appeal lacks merit and is, accordingly, dismissed. There shall be no order as to costs.
Order Date :- 27.11.2018 Ishan