Court No. - 26
Case :- FIRST APPEAL FROM ORDER No. - 1429 of 2013 Appellant :- Regional Manager, U.P.S.R.T.C. And Another Respondent :- Vijay Bahadur Singh And 4 Ors.
Counsel for Appellant :- L.D. Rajbhar,Ajit Kr. Singh
Hon'ble Saral Srivastava,J.
Heard learned counsel for the appellants.
The present appeal is directed against the award dated 28.02.2013 passed by the Motor Accident Claim Tribunal/Additional District Judge, Court No.4, Mau in MACP No. 44 of 2012 whereby the Tribunal has awarded Rs.3,15,500/- as compensation alongwith 6% interest to the claimants respondents.
A claim petition was instituted on the ground that the deceased Yashpal Singh was riding on a motorcycle no. UP 54M-0337 and he was hit by bus no.UP65R-9303 from behind. It was further pleaded that the driver of bus was driving rashly and negligently which caused the accident. In this background, the claimants respondents no.1 to 5 prayed for compensation of Rs.21,50,000/- alongwith 12 %.
Learned counsel for the appellants challenging the award has contended that the finding of the Tribunal that the accident had taken place due to rash and negligent driving of driver of bus is illegal and against the record. He submits that from the evidence on record, it is evident that the deceased was also negligent in the accident.
Be that as it may, it appears from the record that the accident had taken place while the deceased was riding on motorcycle and he was hit by bus from behind. The manner in which the accident had taken place has not been disputed by the appellants. Since, as per the facts admitted on record, the deceased was hit by bus from behind, there could not be any negligence of the deceased in the accident. Thus, the finding of the Tribunal on the issue of negligence of driver of bus is just and based upon proper appreciation of facts and evidence on record, and the said finding being finding of fact is not liable to be interfered with in appeal.
Thus, for the reasons given above, the appeal lacks merit and is accordingly dismissed.
Order Date :- 26.11.2018/S.Sharma