NEW INDIA ASSURANCE COMPANY LTD Vs. BIJENDRA JHA

JUDGEMENT

(1.) We have heard Sri Pranjal Mehrotra, counsel for the appellant, Sri Archit Mehrotra, appearing for claimant-respondents no. 1 and 2, as also perused the impugned award and papers filed along with memo of appeal.

(2.) It appears that on 09.08.2011 deceased Prabhat Jha son of respondents no. 1 and 2 was going on cycle to Kavinagar Industrial Area and when he reached near Bhatta no. 5 on Ghaziabad-Meerut road at about 6.30 A.M. driver of U.P. Roadways Bus No. U.P.-15 AT-1121 driving the vehicle rashly and negligently knocked him down. The deceased Prabhat Jha died on the spot. The claimants being parents of deceased filed claim petition alleging that the aforesaid facts regarding manner of accident and further stating that the deceased was working in Kohinoor Footwear Pvt. Ltd. E-181, Industrial Area, Kavinagar Ghaziabad on monthly pay of Rs.5,000/- and the claimants were dependent on his income. It was further stated that father of the deceased is disabled person as he had sustained injuries in both legs in another accident.

(3.) Learned counsel for the appellant has raised two contentions before us; firstly that the offending bus was under control of U.P. State Road Transport Corporation at the time of accident, the appellant has not insured their interest and as such they are liable to indemnify the award. We find that this controversy has been resolved by the Apex Court in the case of U.P. State Road Transport Corporation Vs. Kulsum and others, 2011 8 SCC 142, and the learned Tribunal has rightly directed the appellant to indemnify the award.