UTTARANCHAL RAJYA PARIVAHAN NIGAM Vs. HARISH CHANDRA

JUDGEMENT

(1.) THIS appeal is against the Award dated 20 -11 -2004, passed by the Motor Accident Claims Tribunal, Almora.

(2.) THE claimants Harish Chandra and others preferred a claim petition under section 166 of the Motor Vehicles Act, for the grant of compensation on account of the death of Smt. Kamla Devi in a motor vehicle accident. According to the claimants on the fateful day on 9 -22004, the deceased was travelling by the Bus No. UP 02C -7055. The bus was being driven by its driver rashly and negligently under the influence of liquor, with the result when the vehicle reached near village Matela, it fell down into a ditch. The deceased sustained multiple injuries. She was taken to the Civil Hospital, Ranikhet along with other injured from where she was referred to Haldwani, again from Haldwani she was referred to Bareilly and admitted in the Hospital but was discharged on 16 -2 -2004. When she was being taken back to her village, she succumbed to her injuries in the way.

(3.) OPPOSITE parties, 1 and 2, filed their joint written statement and submitted that the accident did not take place due to rash and negligent driving by the bus driver but at the time of accident a scooter suddenly came in front of the bus and in order to save the scooter the driver applied brakes and lost control over the bus.