STATE OF UTTAR PRADESH Vs. BHAGWATI PAWAR

JUDGEMENT

(1.) This is an appeal by the State of U.P. challenging the award of the Motor Accidents Claims Tribunal in which one of the employees of the State itself was killed in a motor accident. It is alleged that on 30th May, 1986 the deceased Bishan Singh, forester, along with some official of the department was deputed on official duty and in that connection they were travelling in a departmental jeep No. UPH 6471. When the jeep reached unmanned railway crossing at Indra Nagar, Haldwani, it dashed against a running train as a result of which Bishan Singh, forester, died. The widow, son and the daughter of the said deceased filed claim petition under Section 110-A of the Motor Vehicles Act, 1939 claiming a sum of Rs. 2,00,000/- by way of compensation.

(2.) The State of U.P. contested the petition and it was contended that there was no negligence on the part of the driver of the jeep. The State also disputed the amount of compensation claimed as being excessive. It was alleged that the family pension was being granted to the widow and the gratuity, provident fund and group insurance also have been paid to them and for that reason the compensation as claimed was highly excessive.

(3.) Having gone through the award of the Motor Accidents Claims Tribunal we are satisfied that the findings regarding negligence on the part of the driver of the jeep are based on proper appreciation of evidence and do not call for any interference by this court. In any case nothing has been pointed out prima facie for us to take a different view at this stage.