Devi PRASAD SINGH, J. - (1.) THIS is an appeal under Section 173 of the Motor Vehicles Act (in short, Act) against the impugned award dated 19.5.2012, passed in Motor Accident Claims case No.435 of 2007.
(2.) THE claimant Ram Ratan had filed the claim petition under Section 166 of the Motor Vehicles Act against the appellant as well as respondents 2 and 3 on account of injuries sustained in an accident on 25.7.2007 while driving a bus bearing No.UP -32 -Z -1877. The accident was alleged to have caused by UPSRTC Bus No.U.P. -40 -D -4801 on 25.7.2006 when the claimant was driving the bus and reached near the forest barrier on Sitapur Road, P.S. Maniyao, Lucknow. Bus No.U.P. -40 - D -4801 coming from reverse direction being driven rashly and negligently hit the claimant's bus No.UP -32 -Z -1877. In consequence thereof, the claimant suffered grievous injuries. The claimant was driving private bus as its driver carrying passengers from Lucknow to Azmer Sharif. On account of injuries caused in the said accident, the claimant preferred the claim petition before the tribunal for compensation. In the said accident, it is alleged by the claimant that he suffered partial paralysis with grievous injuries. During the course of trial, the tribunal has framed following issues : 1. Whether on 25.7.2006 at about 5.30a.m. near forest barrier, Sitapur Road, P.S. Maniyao, Lucknow while the claimant was driving bus No.U.P. 32 -Z -1877 going from Lucknow to Azmer Sharif, the bus No.U.P. -40 -D -4801 coming from reverse direction hit the claimant's bus. In consequence thereof, the claimant suffered grievous injuries ? 2. Whether the bus was insured by the insurance company (respondent No.3 of the claim petition) ? Whether the driver of the bus was having valid driving licence on the date of accident ? Whether the claimant is entitled for compensation ? 3. In support of the accident in question, the insurance cover, copy of the Driving Licence, copy of registration book and copy of permit as well as fitness certificate with regard to bus No.UP 32 -Z -1877 were filed along with discharge certificate, First Information Report etc. 4. During the course of trial, on behalf of the claimant, Rs.15 lacs was claimed as compensation along with interest. In support of the accident, the claimant himself appeared as P.W.1 and got himself cross - examined and filed an affidavit stating that the accident had occurred because of rash and negligent driving of UPSRTC bus No.U.P. -40 -D - 4801. During cross -examination as P.W. 1, the claimant asserted that on account of grievous injuries caused in the said accident, he suffered 40% of disability and in its support filed disability certificate, in original, issued by the doctor. It is stated that he was admitted in the hospital for fifteen days. In its support, he filed medical receipts, discharge card etc.
(3.) ON behalf of the respondents, D.W.1 Prakash Mani Tiwari appeared who was driving bus bearing No.U.P. -40 -D -4801 and stated that the accident occurred because of negligence on the part of the claimant and also stated that the roadways bus was also damaged. However, no First Information Report was lodged nor any evidence was led in support of the contention made orally by D.W.1. In his statement, D.W. 1 Prakash Mani Tiwari admitted that in the whole night of 24th, he had driven the bus of roadways. There appears to be justifiable reason not to lodge a First Information Report in the event of damage caused and otherwise also, since the bus belonged to State Road Transport Corporation. After considering the evidence led by the parties, the tribunal arrived to the conclusion that the bus of UPSRTC was driven negligently and rashly and hit the claimant's bus causing grievous injuries. The tribunal further recorded a finding that the bus was insured with the 3 appellant Oriental Insurance Company and the driver was having valid driving licence and there was permit for the route in question. After considering the material evidence on record and keeping in view 40% disability to the claimant and his income at the rate of Rs.3,000/ - per month, the tribunal awarded compensation of Rs.2,40,800/ - along with interest at the rate of 6% from the date of moving of application.;