Court No. - 24
Case :- FIRST APPEAL FROM ORDER No. - 672 of 1984 Appellant :- U.P.Sr.T.C.
Respondent :- Nirmala Rai & Others Counsel for Appellant :- S.K.. Sharma,Dinkar Mani Tripathi Counsel for Respondent :- R.N. Singh,Bharat Ji Agarwal,Kuldeep Amist,S.N. Singh,Samir Sharma
Hon'ble Saral Srivastava,J.
Heard Sri Dinkar Mani Tripathi, learned counsel for the appellant.
The present appeal is directed against the judgment and decree dated 31.05.1984 passed by Motor Accident Claims Tribunal (IIIrd Additional District Judge), Mirzapur, whereby the court below has awarded Rs.52,000/- as compensation to the claimants-respondents for the death of one Vijay Shankar Rai who died in an accident between bus and truck on 25.07.1977.
Learned counsel for the appellant has submitted that the accident had taken place due to sole negligence of driver of truck and, therefore, the finding of the Tribunal that there was negligence of driver of bus to the extent of 60% is illegal and unsustainable in law.
I have perused the the finding of the Tribunal on the issue of negligence. It reveals that the Tribunal after considering the cogent evidence on record has arrived at the conclusion that in the accident there was negligence of both the vehicles involved in the accident and after appreciating the evidence on record, the Tribunal held that the negligence of driver of bus to be 60%.
Learned counsel for the appellant could not point out any perversity in the finding of the Tribunal with regard to negligence of driver of bus in the accident.
Thus, for the reasons given above, the appeal lacks merit and is hereby dismissed. There shall be no order as to costs.
Order Date :- 12.9.2018 Ishan