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2013 DIGILAW 829 (ALL)

U. P. S. R. T. C. v. Anita Srivastava

2013-03-14

RAJES KUMAR

body2013
Rajes Kumar, J.— The appeal no. 136 of 1985 has been filed by the owner of bus, bearing registration no. U.T.P. 7768. Cross objection has been filed by the insurer of truck, bearing registration no. U.S.G 9866. The brief facts of the case are that on 19.6.1982 when the claimant was travelling in bus, bearing registration no. U.T.P. 7768 from Faizabad to Jhansi, the said bus met with an accident with truck, bearing registration no. U.S.G 9866. As a result of the accident, the claimant suffered grievous injuries and his right hand has been subjected to injuries which resulted amputation of right hand. The Tribunal has awarded the compensation at Rs. 30,000/- and held both, bus as well as truck responsible for the accident and apportioned the liability to the extent of 70% on the bus and 30% on the truck. Sri Sameer Sharma, learned counsel for the appellant, namely, bus owner, submitted that both bus and truck collided with each other, therefore, equal liability should be fixed. I do not find substance in the argument of learned counsel for the appellant. The Tribunal on the basis of evidence has recorded the finding that the driver of the bus was driving the bus at a speed of 70 to 80 Kilometers and even after the accident, the bus was stopped after one kilometer this establishes that the bus was not on his control and accordingly liability to the extent of 70% has been fixed. I do not find any error. No other argument has been raised. No one appears to press the cross objection. Even from the perusal of the impugned order, I do not find any error in the impugned order which requires interference. In the result, both, the appeal as well as cross objection fail and are dismissed. Office is directed to remit back the statutory amount to the concerned Tribunal within four weeks and the appellant is directed to deposit the entire outstanding amount, in case if it has not been deposited, within a period of two months and the same shall be paid to the claimant within another one month. _____________