JKSRTC Vs. PRIYA TIWARI AND ANR

JUDGEMENT

(1.) The J&K State Road Transport Corporation (hereinafter referred to as "SRTC") is in appeal against the award dated 23.08.2016 passed by Motor Accident Claims Tribunal, Jammu (hereinafter referred to as "the Tribunal"), whereby the respondent No. 1-minor girl has been held entitled to a sum of Rs. 23,08,975/- on account of loss of upper limb, i.e, right arm due to motor vehicular accident.

(2.) The facts leading to the filing of this appeal are that due to rash and negligent driving of bus bearing No. JK02Y-0242 by respondent No. 2, an accident took place on 12.09.2013 at about 1:30 p.m as a result whereof the offending vehicle turned turtle causing serious injuries to the passengers sitting in the bus. Respondent No. 1, who was also travelling in the same bus, also sustained grievous injuries resulting into amputation of her right arm. The doctors attending her certified the disability as permanent disability to the extent of 65%. Since it was alleged that accident had taken place due to sheer rash and negligent driving by the respondent No. 2, as such, respondent No. 1 through her father Sh. Manoj Kumar filed a claim petition under Section 166 of the Motor Vehicles Act before the tribunal. The claim petition was contested by the appellant being owner of the offending vehicle. On the basis of the pleadings of the appearing parties, the tribunal framed the following issues:-

(3.) The tribunal upon appreciation of the evidence led by the parties held the issue No. 1 proved in favour of the claimant and against the appellant. It was established that the accident had taken place due to rash and negligent driving of the respondent No. 2 and the appellant being owner of the vehicle was vicariously liable for the aforesaid act of its driver.