U.P. STATE ROAD TRANSPORT Vs. RAJ KUMAR

JUDGEMENT

(1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act against the order dated 11-2-78 passed by the Motor Accident Claims Tribunal (I Additional District Judge) Bareilly awarding a compensation of Rs. 80,000/- to the claimants with interest at 6 per cent annum from the date of award till the date of payment. A cross objection has been filed by claimants-respondents.

(2.) ON 17th February 1976, at 9 A.M., on Bareilly-Pilibhit Road, near Hafizganj, P.S. Hafizganj, District Bereilly, one Din Dayal Saxena, aged 42 years, met with an accident. He was travelling in Bus No. U.S.B. 6257 on his way from Bareilly to Pilibhit. The bus belongs to U.P. State Road Transport Corporation. It was going from Bareilly to Tanakpur. The bus was involved in an accident when it struck against a tree. Din Dayal Saxena received multiple grievous injuries to which he succumbed.

(3.) OPPOSITE parties Nos. 1 and 2 U.P. State Road Transport Corporation, through Regional Manager, Bareilly and through General Manager, Lucknow codtested the petition. It was not disputed that Din Dayal Saxena was travelling by the ill-fated bus and that he received injuries in the accident to which he succumbed. It was denied that the accident took placed due to rash and negligent driving of the bus. It was said that it was raining at the time of accident and the accident took place due to skidding of the bus. It was further said that Amajadullah, the driver of the bus, had handed over the vehicle in an unauthorised manner to Bangali Babu mechanic and the accident took place when Bangali Babu was driving the vehicle, It was, therefore, pleaded that respondents are not liable to pay any compensation to the claimants. The amount of compensation claimed was also assailed.