UTTARANCHAL TRANSPORT CORPON Vs. NIKITA GURUNG

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor vehicles Act, has beenfiled against the award dated 18-8-2006 passed by the Motor Accidents claims Tribunal/fasttrack Court 5th, Dehradun (hereinafter referred as Tribunal'), Dehradun in M. A. C. P. No. 180/2005, whereby the learned tribunal had awarded a sum of Rs. 9,64,388 as compensation along with interest @ 6% per annum t the claimants against the uttaranchal State Road Transport Corporation-appellant.

(2.) BRIEF facts of the case are that the claimant-respondent Nos. 1 to 3 had filed a claim petition before the Tribunal, alleging therein that on 29-10-2004 at about 5 p. m. Dalip Kumar Gurung (deceased) was going on his motor-cycle bearing No. UA07d-3694 from Dehradun city to his village Sewla khurd, Nayagaon, P. O. Mohebewala. When he reached near Majra, Main Dehradun, a corporation Bus bearing No. UA07h-8970 coming from the side of Saharanpur being driven by its driver-Rajveer Singh rashly and negligently hit the motor-cycle, due to which the deceased sustained grievous injuries on his person. The injured was taken to Mahant indresh Hospital where he remained hospitalized for five days and ultimately the deceased died on 2-11 -2004 in the hospital. It was further alleged that the deceased was aged about 28 years at the time of accident and he was working as Liansnaik in Indian army and was earning a sum Rs. 10,000 per month as salary. Thus, the claim petition was filed by the dependents of the deceased for the compensation in lieu of his death.

(3.) THE opposite parties filed a joint written statement and contested the case. According to the written statement of the driver of the bus, after dropping the passengers the bus was going to the workshop. When the bus reached near I. T. I. , the motor-cyclist coming from the opposite direction while negotiating a cyclist who was having some 'razais' (quilts)on his cycle lost his control over the motor-cycle and hit the bus, due to which the motor-cyclist sustained multiple injuries on his person. It was further alleged in the written statement that the driver of the bus was not responsible for the accident. It was further alleged that the claim petition is liable to be dismissed on the ground that the claimants have not impleaded the insurer of the motor-cycle in the claim petition.