VIRENDRA AMERIA Vs. REGIONAL MANAGER, U.P. STATE ROAD TRANSPORT CORPORATION, JHANSI REGION, JHANSI AND ANOTHER

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the order of recovery dated 25.06.2008 passed by respondent no.2 and sought further relief of mandamus directing the respondent to refund the amount already recovered from the petitioner in pursuance of the impugned order dated 25.6.2008 with interest of 12% per annum.

(2.) THE brief facts leading to the case are that the petitioner while driving a bus of U.P.S.R.T.C. hereinafter referred to as 'the Corporation' in the night of 2nd and 3rd April, 1999 had met with an accident due to rash and negligent driving of Dumper Truck No.U.P.78 N 3879 coming from opposite side, resulting which a passenger namely Mohan Lal sitting in his bus had received injuries and ultimately died due to said injuries. Immediately after the said accident the Varistha Kendra Prabhari, U.P.S.R.T.C, Jhansi had inspected the spot in morning of 3rd April, 1999, and submitted a report regarding the aforesaid accident wherein he had very categorically held that the petitioner was not guilty of accident in question. A true copy of the said report is on record as Annexure-3 of the writ petition.

(3.) IT is further stated that the petitioner is poor driver and that is why his rights were being defended by the respondents in the said claim petition. He is not in a position to file an appeal against the aforesaid award whereas the corporation could and can file an appeal against the said award, but the respondent no. 1 had issued show cause notice to the petitioner on 19.5.2001 solely on the ground that the petitioner was negligently driving the bus involved in the said accident. By said notice the respondent no.1 had asked the petitioner to show cause why the liability for payment of compensation arising out of judgement and award dated 2.3.2001 be not fastened with him. The petitioner had replied the said notice disputing his liability for payment of compensation arising out of award made in the said claim petition, but without properly appreciating the contentions raised by petitioner in his reply of show cause notice, the impugned order dated 25.6.2008 was passed by respondent no.2, whereby half of the compensation to be paid to the heirs of late Mohan Lal is directed to be recovered from the petitioner, hence this petition.