UTTRAKHAND TRANSPORT CORPORTATION Vs. NEELAM GUSAIN

JUDGEMENT

(1.) MAC APP. 919/2017 is preferred by Uttrakhand Transport Corporation in short 'UTC', assailing the judgment-award dated 18.07.2017 passed by MACT, Shahdara, where-under, an award of Rs.16,60,864/- with interest @ 10% p.a. has come to be passed in favour of the claimant- respondent Nos. 1 to 4, in short 'the claimants'. The claimants on their part have filed cross-objections seeking enhancement of the compensation by way of MAC. APPL. 444/2019.

(2.) Concisely, the relevant facts are that the application seeking compensation was made by the claimants on the premise that Deepak Gusain-since deceased, was travelling in the bus bearing registration no. UK 07 TA 1142 in short 'the offending vehicle', from Delhi to Rudrprayag, and, on account of rash and negligent driving, the offending vehicle fell down a deep khud (gorge) in the hills, on 07.05.2014 at about 6.05 a.m. near Saknidhar on Badrinath Road, within the jurisdiction of PS Devprayag, Uttrakhand. According to the claimants, the deceased, who was travelling in the bus as a passenger in the offending, sustained fatal injuries and died on the spot, as a resultant effect thereof. It resulted into filing of the claim application before the Tribunal. The appellant in the written statement inter alia took the plea that the deceased was not travelling in the offending vehicle. Whether the deceased was actually travelling in the offending vehicle, and, died on account of the subject accident, has been a serious issue for consideration before the Tribunal in addition to the subject of assessment of compensation. On the passing of the impugned award, while UTC disputes its liability to pay any compensation, claimants by way of cross-objections, which are registered as MAC. APP.444/2019, seek enhancement of compensation.

(3.) Whether, the deceased was travelling in the offending vehicle and died on account of injuries sustained in the subject accident, has been the moot question for consideration before the Tribunal.