K.N. Ojha, J. - (1.) Instant appeal has been preferred against award dated 22th February, 2005, passed by learned Addl. District Judge, Ghaziabad in Motor Accident Claim Case No. 122 of 2003 Devendra Kumar and 2 others v. U.P. State Road Transport Corporation, Meerut and others , whereby an award of Rs. 77,000/- alongwith interest @ 7% per annum has been made against the appellant.
(2.) Heard Sri R.D. Gupta learned Counsel for the appellant and have gone through award dated 22th February, 2005. It has been submitted by learned Counsel for the appellant that there was no negligence on the part of the driver of Roadways Bus No. U.P. 15 K/2294 when the accident did take place on 9th September, 2002, at 7.30 p.m. in which Smt. Vidyawati expired. It is submitted that it was due to rash and negligent driving of Tata Sumo No. DL 3C/F7296 in which Smt. Vidyawati was sitting the accident had taken place resulting into her death. It is further submitted that the amount of compensation awarded is excessive as Smt. Vidyawati was aged about 80 years and she was not earning member.
(3.) A perusal of the impugned award shows that accident which did take place between Roadways Bus and Tata Sumo in which Smt. Vidyawati was travelling on 9th September, 2002 at 7.30 p.m. between Nahror and Meerut on Barras Road is not denied. It is only alleged that it was due to rash and negligent driving of Tata Sumo that the accident did take place. The learned Judge/Presiding Officer of the Tribunal has held that according to the appellant Tata Sumo was over taking a vehicle when the accident did take place but it is evident from the statement of the parties that the road wide enough to cover more than three vehicles and three vehicles simultaneously can run at the same time on the road on the basis of the width of the road and the statement of the eye witnesses of occurrence PW 1 and PW 2 who were going at the same time in Tata Sumo and the car which running ahead to Tata Sumo, it was held that considering the location where these vehicles were found on the spot at the time of the occurrence it was rash and negligent driving of the Bus that the accident had taken place. Even though the appellant has examined driver of the Bus as DW 1 but the fact is not denied that the road on the spot is so wide that three vehicles can easily travel on one and same time therefore to say that the Tata Sumo was so rash that five persons died and three were injured is a fact which cannot be believed.;