PRAMOD KUMAR MISHRA Vs. HARISH CHANDRA & OTHERS

JUDGEMENT

(1.) Since both these appeals have arisen out of the same accident/judgment, hence are being taken up together for the adjudication by this single verdict. Accident occurred on 9.3.2014 at 10 AM when Mr. Gaurav Balutia, aged about 20 years, was going on his motorcycle no. UK-04G-3513. A bus bearing no. UK-07PA- 1036 of Uttarakhand Roadways dashed such motorcycle on the busy roads of Haldwani. He died in the accident. So, his hapless parents presented a claim petition no. 71/2014 claiming compensation of Rs. 10,00,000/-, whereagainst Rs. 4,70,000/- along with 6 per cent annual interest with effect from the date of institution of the claim petition has been granted by the learned Tribunal vide its judgment dated 26.11.2015.

(2.) Feeling aggrieved, Uttarakhand Transport Corporation has come up before this Court by way of filing the AO No. 10/2016, while Mr. Pramod Kumar Mishra, the driver of the bus, has preferred the AO No. 187/2016 challenging the liability fastened on him to satisfy the award to the extent of 15 per cent.

(3.) Having heard the rival contentions, it transpires that the accident took place in the busy market and the youth Gaurav Balutia was working as a temporary labour on purely contract basis. His father Harish Chandra was Accountant in M/s Nath Traders, which used to supply labour in the local factories.