- (1.) This first appeal from order has been filed by the UPSRTC through its Managing Director, Head Office, UPSRTC-Lucknow/owner of the bus no. UP-78 BN 1791. The appellant has challenged the validity and correctness of the award dated 20.12.2012 passed by MACT/Addl. District Judge, Court No.3, Jhansi in MACP No. 67/2010, Amardeep vs. UPSRTC. By means of the aforesaid award the Tribunal has allowed the claim petition of the claimants awarding a sum of Rs. 5,16,800/- with 7% simple interest from the date of presentation of the claim petition till its actual date of payment.
(2.) The claim petition was preferred by Amar Deep Mishra against the UPSRTC under section 166 of Motor Vehicles Act saying that on 15.04.2009 he had gone to Lucknow for participating in marriage along with his relatives Chanchal and Bindeshwari. On 18.04.2009 at about 9.30 p.m. when he was returning from Jhansi by bus no. UP-78 BN 1791 the driver of the bus was driving it in a very rash and negligent manner, due to which the bus fell in a pit. Many passengers along with him in the bus were injured. The appellant also suffered grievous injuries in his back bone. Smt. Bindeshwari Mishra suffered a fracture in her hand and their belongings were scattered. The appellant received medical treatment at Medical College, Jhansi and he also underwent treatment from a Neurologist, Eye Specialist etc. and ultimately referred to Delhi for treatment, where he was treated in AIIMS and operated on 14 & 15th May, 2009 and he is still under treatment of AIIMS, New Delhi.
(3.) It appears that FIR of the accident was not registered by the police hence his relatives moved an application under section 156(3) Cr.P.C. Pursuant to the order passed by the Court the case crime no. 21/2010, under section 279 and 338 IPC was registered against Brijesh Kumar the driver of the bus bearing registration no. UP-78 BN 1791.;