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Judgment
J.R. Midha, J.
CM No. 6233/2008
For the reasons stated in the application, the application is allowed and the appeal is restored to its original number.
CM stands disposed of.
MAC. APP. No. 700/2007
The accident dated 15th June, 2004 resulted in the death of Sumit Verma who was travelling in U.P. Roadways Bus bearing No. UP-21-J-9964. The deceased was travelling in the said bus which met with the accident with a tractor trolley. The deceased died on the spot.
The deceased was survived by his parents and sister who filed the claim petition before the learned Tribunal u/s 163A of the Motor Vehicles Act. The learned Tribunal awarded a compensation of Rs. 3,66,667/- to the claimants.
The only ground urged at the time of hearing of this appeal is that the driver of the U.P. Roadways Bus was not rash and negligent and the accident occurred due to the negligence of the tractor trolley.
It is well settled that u/s 163A of the Motor Vehicles Act, the claimants were not required to prove the negligence. The owner of the vehicle involved in the accident is liable to pay the compensation in case of death due to the accident arising out of the use of motor vehicle. It is not disputed that the deceased was travelling in the UP Roadways bus involved in the accident.
Considering the facts and circumstances of this case and the settled law, the appeal is dismissed.