UTTARANCHAL TRANSPORT CORPORATION Vs. RACHNA BISHT

JUDGEMENT

(1.) This appeal, preferred under section 173 of Motor Vehicles Act, 1988, is directed against the judgment and award dated 25.1.2005, passed by the Motor Accidents Claims Tribunal/2nd Additional District Judge, Nainital, whereby Rs. 7,25,000 has been awarded as amount of compensation to the respondents.

(2.) Brief facts of the case are that on 27.2.2004 at about 6.30 p.m., Kishan Singh (deceased) was travelling by bus, registration No. UP 06-4140, owned by appellant, on its way from Nainital to Haldwani. Near Baldiyakhan due to the negligence on the part of the driver of the bus, it fell down in the deep gorge in which some twenty persons including Kishan Singh Bisht died. At the time of the death, deceased was aged 39 years and he was earning Rs. 7,011 per month as he was working as the Assistant Office Manager with the appellant.

(3.) The appellant Uttaranchal Transport Corporation contested the claim petition before the Claims Tribunal and it pleaded that another vehicle was coming from the opposite direction and to save that vehicle the bus fell into the deep gorge. It is further pleaded that family members of the deceased have been paid Rs. 25,000 as ex gratia payment and the same is liable to be adjusted. Learned Tribunal, after framing the issues and recording the evidence and hearing the parties, allowed the claim petition for Rs. 7,25,000, aggrieved by which this appeal has been preferred by the Corporation.