STATE OF UTTAR PRADESH Vs. SHANTI DEVI

JUDGEMENT

(1.) THE Appellant State of Uttar Pradesh impugns a judgment dated 09.01.2004 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby a compensation of Rs.8,55,424/ - was awarded in favour of the Respondents (Claimants) for the death of Udey Vir Singh who died in a motor vehicle accident which occurred on 01.07.1997.

(2.) THE only ground of challenge raised at the time of hearing is that the deceased himself was negligent in crossing the road. He was unmindful of the traffic coming from Delhi side and thus met with an accident resulting into injury on his person which proved fatal. The learned counsel for the Appellant has taken me through the testimony of PW2 Jeetpal Singh Tomar and PW3 Ami Chand who were eye witnesses to the accident. PW2 in his examination -in -chief deposed as under:

(3.) FROM the testimony of the two witnesses examined by the Respondents(Claimants), it is apparent that the road on which the accident took place was not meant for the traffic coming from Garh side. The offending vehicle driven by the First Appellant's driver came from Garh side and thus it can be said that it came from the wrong side. A pedestrian while crossing a road must be vigilant enough to observe the traffic coming only from the side from which it is expected to come as per traffic rules. The learned counsel for the Appellant has referred to an Application dated 01.07.1997 where Virender Singh one of the Claimants stated to the SHO that the accident took place as the driver of the police van No.UP -14 -2293 wanted to save the buffalo. Even if this application is accepted on its face value the driver cannot wash off his hands of culpable negligence if he mauled a human being to save a buffalo which was stranded on the road.