SONIKA JAIN Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri H.P. Dubey for the petitioner. Sri Sameer Sharma appears for the respondent U.P. State Road Transport Corporation. The petitioner is registered owner of vehicle No. UP 15-M/4925, which was being run under a contract with U.P. State Road Transport Corporation (in short the Corporation), of which clause 10 provides that in case of an accident on account of any fault, negligence, accident or illegal act of driver of the vehicle, the second party (the petitioner) or the Insurance Company shall liable to pay the compensation under law. The first party, i.e. the Corporation shall not liable to pay compensation, however, if under the orders of the Court or Tribunal, the first party (the Corporation) has paid any compensation, the second party i.e. the owner of the vehicle (the petitioner) shall liable to reimburse or for deduction of such amount from the amount payable by the Corporation. In case of failure to pay such amount, the Corporation may proceed to recover the same under the U.P. Public Moneys (Recovery of Dues) Act 1972, as arrears of land revenue. Clause 10 of the agreement, further provides that the owner of the vehicle will have no objection, in case of such recovery.

(2.) The vehicle met with an accident, in which injuries were caused to Shri Narbeer. A claim petition No. 344 of 2008, was filed by him in the Court of Motor Accident Claims Tribunal, Ghaziabad, which was decided on 22.6.2011 awarding compensation to the claimant. The liability for payment of Rs. 1,31,500/- was fixed by the Tribunal on the Corporation, as the owner of the vehicle, in accordance with the definition of owner in Section 2 (30) of the Motor Vehicles Act 1988.

(3.) The Corporation did not file any appeal against the award. It has now invoked the provision of clause 10 of the agreement, for recovering the entire amount from the petitioner, and has given a notice to, the petitioner on 3.9.2012, to pay the entire amount.