UTTARANCHAL TRANSPORT CORPORATION Vs. FARZANA BEGUM

JUDGEMENT

(1.) 1. This appeal under section 173 of the Motor Vehicles Act has been filed against the award dated 06- 05-2005 passed by the Motor Accident Claims Tri bunal/ II ETC. , Nainital (hereinafter re ferred as Tribunal') in M. A. C. R No. 577 2004, whereby the learned Tribunal had awarded a sum of Rs. 5,92,4007- as compensation against the appellant-Uttaranchal Transport Corporation. The appellant was directed to deposit the amount of compensation within one month from the date of award. In de fault of payment, the claimants-respond ents would be entitled for interest thereon @ 7% per annum from the date of filing of the claim petition till the date of payment.

(2.) BRIEF facts of the case are that the claimants-respondents had filed a claim petition before the learned Tribu nal for compensation of Rs. 7,86,4807-alleging therein that on 27-02-2004 the deceased-Ibrahim Ali was travelling from Nainital to Haldwani in the offending Bus No. UP 06-4140, which was being driven rashly and negligently by its driver. When the offending bus reached near Naina Gaon it fell into a gorge due to rash and negligent driving of its driver. The deceased had sustained the grievous injuries on his person and he succumbed to his injuries. It was further pleaded that the deceased was working in the Jal Sansthan. He was aged about 40 years and was earning Rs. 5. 608/- per month at the time of incident. Hence, the claim petition had been preferred by the legal heirs and dependents of the de ceased.

(3.) FEELING aggrieved by this, the Uttaranchal Transport Corporation-ap pellant has preferred the present appeal.