Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 1413 of 2020 Appellant :- Regional Manager Uttar Pradesh State Road Transport Corporation Respondent :- Charan Singh And Another Counsel for Appellant :- Jitendra Kumar
Hon'ble Vivek Agarwal,J.
1. Heard Sri Jitendra Kumar, learned counsel for the appellant.
2. This appeal has been filed by the Uttar Pradesh State Road Transport Corporation being aggrieved of award dated 13.03.2020 passed by the learned Additional District Judge, Court No. 4, Aligarh/Motor Accident Claims Tribunal in Claim Case No. 1100 of 2018 on the sole ground that as per the spot map, place of drinking water is far away from the place of the accident. It is submitted that accident took place at 'X' place marked in the spot map, whereas place of dispensation of water is far away from the spot of the accident and therefore, if story that claimants were drinking water, then because of inherent contradiction from the spot map, case of the claimants cannot be accepted.
3. After hearing learned counsel for the appellant and going through the available documents, it is evident that spot map on which learned counsel for the appellant is placing reliance has neither been proved nor is as per the scale. Further, as per the story of the claimant, he was drinking water at 'kothia mod', when a bus coming from the side of Agra being driven rashly and negligently had hit him, causing several injuries. There is no contradiction to this contention of the claimant and even appellant have not bothered to file testimony of the driver of the offending bus or of any passenger, travelling in the offending bus as an independent witness to substantiate that accident had not taken place with the offending bus.
4. In view of such rudimentary lapse on the part of the Uttar Pradesh State Road Transport Corporation in leading the evidence, impugned award cannot be said to suffer from any illegality or infirmity, calling for any interference.
5. Therefore, appeal fails and is dismissed.
Order Date :- 7.1.2021 Vikram/-