Case :- FIRST APPEAL FROM ORDER No. - 333 of 2024
Appellant :- Station Prabhari Uttar Pradesh State Road Transport Corporation
Respondent :- Sanjeev Kumar Alias Sandeep And Another
Counsel for Appellant :- Jagram Singh
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Jagram Singh, learned counsel for the appellant and perused the record.
This first appeal from order has been filed by appellant against the judgement and award dated 15.06.2023, passed by Presiding Officer, Motor Accident Claims Tribunal, Muzaffar Nagar, in M.A.C.P. No. 45 of 2019 (Sanjeev Kumar @ Sandeep vs. Station Prabhari, U.P.S.R.T.C. and another) by which compensation of Rs. 8,91,100/- along with 7% interest has been awarded in favour of claimant-respondent no. 1.
It is submitted by learned counsel for the appellant that the accident was occurred on account of rash and negligent driving of motorcyclist and there was no negligence on the part of the bus driver. It is further submitted that the deceased was pillion rider on the motorcycle and the claims tribunal has erred in fixing the entire liability upon the appellant being owner of bus and nothing has been deducted in terms of contributory negligence of motorcyclist. No other ground has been pressed by learned counsel for the appellant.
Considered the submission of learned counsel for the appellant and perused the record.
Admittedly, the deceased was pillion rider of motorcycle and there was no contribution on the part of the deceased in the accident. It is a case of composite negligence and in view of law laid down by Hon'ble Apex Court in the case of Khenyei vs. New India Assurance Company Limited and others reported in 2015(2) T.A.C. 677(S.C.), it is open to the claimant to claim compensation either from one vehicle or from both the vehicles. Even otherwise, the claims tribunal while deciding issue no. 1 has recorded the finding after considering the entire evidences and materials which are available on record that the accident was occurred on account
1
of rash and negligent driving of bus driver and there was no negligence on the part of the motorcyclist. The compensation awarded by the claims tribunal cannot be said to be excessive in any manner.
No ground for interference is made out. The first appeal from order is devoid of merit and is liable to be dismissed. The first appeal from order is dismissed, accordingly. Interim order, if any, stands discharged.
Order Date :- 29.4.2024 sailesh
2