UPSRTC Vs. PANKAJ

JUDGEMENT

(1.) HEARD Shri Sharad Kumar Srivastava, learned Counsel for the appellant, Shri U. P. S. Kushwaha, learned Counsel for the respondent No. 4 and Shri R. K. Dubey, learned Counsel appearing on behalf of the claimants-respondents.

(2.) THIS First Appeal From Order under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 31-5-2003, passed by Motor Accident Claims Tribunal/additional District Judge, Court No. 5, Unnao, allowing the claim petition and granting compensation to the tune of Rs. 2,47,000/- with interest @ 8% per annum.

(3.) THE petition was contested by the appellant-the U. P. State Road Transport Corporation. THE grounds raised in the written statement were that the deceased, who had been driving the Swaraj Mazda was himself responsible for the rash and negligent driving and, therefore, his legal representatives are not entitled to any compensation.