UTTARAKHAND TRANSPORT CORPORATION Vs. PREETAM SINGH

JUDGEMENT

(1.) This appeal, under Section 173 of Motor Vehicle Act, 1998 (hereinafter referred to as 'the Act') has been preferred against the judgment and award dated 20.01.2014, passed by M.A.C.T./4th Addl. District Judge, Dehradun in M.A.C.P. No. 341 of 2005, "Preetam Singh Vs. Uttaranchal Roadways Transport Corporation and another."?, whereby the claim petition filed by the claimant has been allowed against the appellant-Uttarakhand Transport Corporation for a sum of Rs. 5,00,000/- alongwith simple interest @8% from the date of filing the claim petitioner till the date of its realization.

(2.) Factual matrix of the case is that on 15.05.2005, the claimant/injured was travelling in Bus No. U.A. 07-J-1193 from Haridwar to Ramnagar. In the way the Bus collided with the standing Truck No. H.R. 29-B-7342 due to rash and negligence driving on the part of its driver, the appellant along with other passengers of Bus sustained injuries on his both legs. The appellant was taken to Afzalgarh Government Hospital, thereafter he was taken to Himalayan Institute Hospital Trust, Jolly Grant, Dehradun for further treatment. The claimant sustained 50% disability. It is contended that the appellant-claimant spent about Rs. 2 lacs on his treatment. The appellant filed claim petition against the Uttaranchal Roadways Transport Corporation and the driver of the offending Bus.

(3.) The opposite parties contested the claim petition and filed their written statement. In their written statement, the appellant admitted the accident by the Bus and it was also admitted that the claimant was travelling in Bus No. U.A. 07-J-1193, at the time of accident. They stated that the accident had not occurred due to rash and negligent driving on the part of the driver of the offending vehicle.