U.P. STATE ROAD TRANSPORT Vs. SAVITRI SINGH

JUDGEMENT

(1.) U .P. State Road Transport Corporation (hereinafter referred to as the Corporation) has filed this appeal Under Section 110-D of the Motor Vehicles Act against the judgment of the the Motor Accidents Claims Tribunal (hereinafter referred to as the Tribunal) dated 14-7-1978 in respect of the death of Avdhesh Singh on 26th February, 1976 at about 8.30 A.M., near Lal Imli gate on Mall Road, Kanpur, with a city Bus. The respondents, who are the heirs and legal representatives of the deceased Avdhesh Singh, filed Motor Claim Petition No. 24 of 1976. The respondents claimed that the deceased, while proceeding on the cycle to his School, where he was employed, on the 26th February, 1976 to attend his duty, was hit from behind by the Bus belonging to the Corporation as a result of it he was thrown under the wheels of the back side and was crushed. He instantaneously died. The respondents claimed that he left behind his widow Smt. Savitri Devi, his three daughters. At the time of the incident, these daughters were aged 9, 7 and 3 years respectively. The deceased was a Science teacher in Government Intermediate College and was drawing Rs. 645/- per month as total emoluments.

(2.) CONTESTING the claim petition, a written statement was filed on behalf of the Corporation. It was not disputed that the deceased was crushed to death under the wheels of city bus No. U.P.C. 8909. It was, however, claimed that when the bus reached the place of accident, the driver saw a herd of buffaloes giving ahead of the bus in the same direction and allowed down his vehicle and blew several horns in order to allow the buffaloes to pass. Mean while, the deceased, who was on cycle came from behind in between the buffaloes and the bus and tried to overtake them. In doing so, he struck with the buffaloes and came under the rear portion of the bus. The corporation denied negligence on the part of the driver of the bus.

(3.) AFTER assessing the evidence of the parties, the Tribunal found that the respondents were entitled to compensation of Rs. 86,000/- and thus awarded the same along with interest at the rate of 6%.