U.P. State Road Transport Corporation vs Babu Khan and Others

G.P. Mittal, J.—The Appellant U.P. State Road Transport Corporation (UPSRTC) impugns a judgment dated 03.02.2012 whereby an interim compensation of Rs. 50,000/- was awarded in favour of the Respondents No. 1 and 2 for the death of Yunis Khan in an accident which occurred on 11.02.2010. The Appellant''s grievance is that the bus UP-25 AT 1209 was falsely implicated in the accident. The accident is alleged to have taken place at Anand Vihar ISBT and therefore, it was not possible for the driver to have escaped from the ISBT after the accident.

I have perused the Trial Court record and the record of the criminal case registered against Hulashi Ram driver of bus UP-25 AT 1209. It is true that in the FIR, name of the witness and the number and description of the vehicle involved in the accident has not been mentioned. As per report u/s 173 Cr.P.C. filed with learned Metropolitan Magistrate, Hulashi Ram was challaned u/s 279/304A IPC. The Police examined four eye witnesses during the course of the investigation. Statement of Gyan Chand, one of the witnesses, was recorded on the date of the accident i.e. 11.02.2010. He mentioned the number of the bus involved in the accident as UP-1209. He informed the IO that the bus belonged to UPSRTC. During investigation, it was found that the bus UP-25-AT-1209 which was owned by UPSRTC was accepted to be present (on duty) at Anand Vihar bus stand at the time of the accident. The Appellant''s driver refused to participate in the TIP on the ground that he had been seen by the witnesses at the spot. This was sufficient proof to be taken into consideration for passing an order u/s 140 of the Motor Vehicles Act.

The Appeal is groundless; the same is accordingly dismissed with cost of Rs. 5,000/- to be paid to the Respondents No. 1 and 2.

Trial Court record be returned. The statutory amount of Rs. 25,000/- shall be returned to the Appellant after paying a sum of Rs. 5,000/- to the Respondents No. 1 and 2.