UTTARANCHAL TRANSPORT CORPORATION Vs. SAVITA DIXIT

JUDGEMENT

(1.) This appeal under Section 173 of the M.V. Act, 1988, has been preferred by the Uttaranchal Transport Corporation, against the judgment and award dated 29th October, 2005, passed by the M.A.C.T./V.F.T.C, Dehradun, in M.A.C.P. No.267/2004, whereby the claim petition was allowed and the claimants were awarded Rs. 3,21,500/- as compensation alongwith interest @ 6 % per annum from the date of presentation of claim petition till the date of final payment, payable by the opposite party Uttaranchal Transport Corporation.

(2.) Brief facts giving rise to this appeal are that on 30th June, 2004 Arun Kant Dixit went to Haridwar for some personal work. At about 9 a.m. when Arun Kant Dixit was standing in front of the office of Rickshaw Union At Rishiksh Bus Stand, the bus owned by the opposite party bearing registration No. U.A. 03-0155, which was being plied by O.P. Paramjeet Singh in a high speed came there and dashed Arun Kant Dixit, due to which he died. The claimants, being legal heirs of the deceased filed claim petition for award of compensation. The deceased was aged 49 years at the time of accident and was earning Rs. 10,000/- per month form his milk business.

(3.) The opposite parties contested the claim petition by filing joint written statement. They denied the allegations of the petition for want of knowledge. It was also alleged by the opposite parties that the accident took place due to own fault of the deceased. The deceased was trying to climb the bus and in this process accident had occurred.