UTTARAKHAND TRANSPORT CORPORATION ROORKEE DEPOT Vs. SARVAJEET KAUR AND OTHERS
HIGH COURT OF UTTARAKHAND
Uttarakhand Transport Corporation Roorkee Depot
Sarvajeet Kaur And Others
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(1.) Since both the appeals arise out of the same judgment and award dated 13-5-2008, passed by Motor Accident Claim Tribunal/A.D.J./ 1st F.T.C. Dehradun in MACT Case No. 238/2005, and similar controversy is involved, therefore, for the sake of convenience they are being decided by this common judgment.
(2.) Brief facts of the case giving rise to these appeals are that on 23-5-2005 deceased Suchha Singh was travelling in Bus No. U.A.- 07-H-1073 from Rishikesh to Roorkee and when the Bus reached near Neelkanth Dhaam Bhupatwala, truck No. U.A.07-A 6863 dashed with the bus and accident took place. The deceased sustained grievous injuries. He was brought to Srikrishna Sewa Ashram and thereafter he was treated in Ram Datt Mal Kohli Hospital upto 23.5.2005 and then he was referred to Himalayan Hospital Jolly Grant Dehradun where he was treated upto 28-5-2003. Thereafter he was admitted in Sir Ganga Ram Hospital New Delhi and he succumbed to the injuries on 29-5- 2005 at 6.10 a.m. The claimants who are widow, sons and parents of the deceased filed claim petition.
(3.) The O.P. No. 1 filed his W.S. and alleged that the accident took place due to sole negligence of driver of Bus No. U.A. 07-H- 1073 and the driver of the offending truck was having valid driving license.;
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