U.P. STATE ROAD TRANSPORT Vs. VEER PAL

JUDGEMENT

(1.) THIS appeal has been preferred against the Award dated 15.1.1991 passed by the Motor Accident Claims Tribunal in MACT Case No. 7 of 1989. The Tribunal has awarded a sum of Rs. 19,473 along with interest at the rate of 12% from the date of petition, for the injuries sustained by him.

(2.) THE fact of the case lies in narrow compass. The claim petition was filed under the provisions of Motor Vehicles Act on the allegation that on 19.9.1988 the claimant was travelling in a Tempo No. UMA-9203 and was going from Agra to Kuberpur and when the Tempo reached Ban Behari Hotel, Agra Tundla Road, a bus belonging to the present appellant bearing registration No. UGE 607 coming from Sore to Agra dashed against a Tractor No. UTA 5246 and subsequently colluded with the tempo in which the claimant was travelling. The bus was being driven at such a high speed that it smashed the tractor and the tempo. As a result of the accident claimant sustained severe injuries.

(3.) THE Tribunal has recorded a finding that the bus was being driven rashly and negligently and the accident occurred due to negligent driving of the Bus by its driver. It estimated compensation at Rs. 19,473.