U.P. STATE ROAD TRANSPORT CORPORATION THROUGH ITS REGIONAL MANAGER, TANAKPUR REGION Vs. SMT. LAXMI DEVI AND ORS.

JUDGEMENT

(1.) HEARD Shri A.N. Sharma, Counsel for the appellant and Shri Yogesh Pandey, Counsel for the respondents. By the present appeal, filed under section 173 of Motor Vehicles Act, 1988, the appellant has prayed for setting aside the judgment and award dated 1.11.2004 passed by the Motor Accident Claims Tribunal, Champawat in M.A.C.P. No. 30 of 2003 whereby a sum of Rs. 1,04,375/ - has been awarded to the claimants as compensation along with the interest at the rate of 9 per annum.

(2.) BRIEFLY stated, a Motor Accident Claim Petition No. 30 of 2003 was filed under sections 140 and 166 of Motor Vehicles Act for compensation on account of death of Mahendra Prasad Pant (hereinafter referred as 'the deceased'). According to the claimants, on 12.5.2003 at about 12.30 p.m. at Champawat -Tanakpur Motor Road near Chalthi Kathol, the Bus No. U.P. -02 -7357 met with an accident due to rash and negligent driving by its driver. As a result of the said accident, the deceased sustained injuries and died on spot due to injuries. It was stated that the deceased was 35 years old at the time of accident and was earning a sum of Rs. 8,000/ - per month from the shop and agriculture. The deceased was the sole bread winner of the family and due to the death of the deceased, the claimants have become helpless and have suffered mental agony.

(3.) THE Division Bench, while passing the aforesaid judgment, has already discussed all the aspects of the matter. In view of therefore, I find no merit in the appeal and, as such, appeal deserves to be dismissed. Consequently, appeal is dismissed. No order as to costs.