Spl. Secretary, Planning and Another vs Km. Khushbu Devi through her Guardian and Others

Satish Chandra, J.—This is the F.A.F.O. filed u/s 173 of Motor Vehicles Act, 1988 against the judgment and award dated 30.6.2004 passed by VIth Additional District Judge/Motor Accidents Claims Tribunal, Rae Bareilly, in Motor Accident Claim Case No. 55 of 1999 Kumari Khushbu Devi v. Special Secretary Lucknow and Ors. where a compensation of Rs. 50,000 was awarded.

The brief facts of the case are that on 23.9.1998, an Ambassador car No. U.P. 32 T/4191 (a departmental car of the Govt. of U.P.), while going to Lucknow from Allahabad, dashed a seven years'' old child, namely, Khushbu on the road who was going somewhere. The driver, Foolchand Giri, who was driving the vehicle negligently in which V.P. Mishra, Special Secretary was sitting. Due to the accident, Khushbu got injured and the bone of thigh had broken as a result her one leg became disabled permanently. The driver ran away from the vehicle but later on wireless message, the police caught the driver and seized the vehicle. Due to the pressure of the Special Secretary, the vehicle and driver were released. No case was registered.

However, the claimants-Respondents have filed the claim petition and demanded the compensation. The Tribunal after considering the entire evidence and materials available on record, observed that the leg of the Khushbu was broken and she got grievous injury. Finally, the Tribunal has awarded a compensation of Rs. 50,000 only.

Being aggrieved, the department has filed the present appeal.

With this background, Sri C.B. Pandey, the learned additional chief standing counsel, submits that the Tribunal has erred in, awarding the compensation, although no accident had taken place from the Appellant''s vehicle No. U.P. 32 T/4191. He further submits that the driver of the ambassador car, namely, Foolchand Giri denies the accident. There was a confusion about the number of the vehicle. Lastly, he made a request that the impugned order may kindly be set aside.

In the absence of the counsel for the Opposite Party. I heard learned Counsel for the Appellant and gone through the materials available on record.

From the record, it appears that the police authority caught the vehicle at Bachhrawa on the wireless message received from the Uchhahar but due to the pressure of the Special Secretary, the driver and vehicle were released. No case was registered. But the fact remains that the car was running at the relevant time on the said spot. It also appears from the record that the driver was having a valid driving licence. As per the eye-witness, the car has hit the girl, hence, the accident is not in dispute.

By looking to the age and injuries caused as well as on the perusal of the other evidence, the compensation awarded by the Tribunal appears reasonable. Therefore, I find no reason to interfere with the impugned order.

The interim order, if any, stands discharged.

Statutory amount, if any, deposited in this case may be transmitted to the concerning Tribunal who will proceed in terms of the impugned order.

Hence, the appeal devoid of merit and the same is dismissed.