USHA NIRALA AND OTHERS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Both these appeals are filed assailing the judgment and award dated 21.8.2010 passed by MACT/District Judge, Pauri Garhwal.

(2.) Brief facts of the present case, inter alia, are that Sri Kamla Lal Nirala was posted as Forest Circle Officer in Pauri; He along with his colleagues was returning back after surprise visit in Government vehicle No. UP-06-4126 on 27.5.2005; Driver of the vehicle was driving the vehicle with high speed rashly and negligently, therefore, he lost control over the vehicle and ultimately the vehicle fell down in the ditch at about 11 PM near Manda Khal, District Pauri Garhwal, as a result of which Sri Kamla Lal Nirala sustained serious injuries and expired; Sri Kamla Lal Nirala was 51 years old at the time of accident/death and was withdrawing salary of Rs. 11,977/- per month.

(3.) It was stated by the respondents State Government that as per Government Order dated 1.10.2001, in the event of death of a Government servant while on duty, a compensation amount of Rs. 2,50,000/- would be payable for which reference had already been made to the competent authority and after getting the consent/approval, same would be paid to the claimants, therefore, claimants had absolutely no locus standi to invoke provisions of Motor Vehicles Act claiming compensation therein. It was further stated that driver of the vehicle was not rash and negligent while driving the vehicle rater stones fell on the road and vehicle from the hill thus vehicle fell down in the ditch.