- (1.) -SINCE both the appeals are almost similarly placed arising out of the self-same accident, the same are heard analogously and decided by this common judgement.
(2.) THE aforesaid both the appeals have been preferred by the Uttaranchal State Road Transport Corporation (hereinafter in short called as the 'corporation') against the judgment/s and order/s dated 28th January, 2008 passed by the concerned Motor Accident claims Tribunal, Bijnor. In F. A. F. O. No. 1392 of 2008 the awarded amount of compensation is Rs. 4,58,300/- along with interest @ 6% per annum and in F. A. F. O. No. 1393 of 2008 it is Rs. 4,84,700/- along with similar rate of interst.
(3.) LEARNED Counsel appearing for the Corporation contended before this Court that it is a case of contributory negligence since the offending vehicle was seen by the motor cycle rider from the distance. To that extent he relied upon the judgment of the Supreme Court in Bijoy Kumar Dugar v. Bidya Dhar Dutta and others,2006 (3) SCC 242=2006 (63)ALR 354 (SC)=2006 (40) AIC 81 (SC ). By showing paragraph-12 therein he said that it is natural, as a prudent man, for the deceased to have taken due care and precaution to avoid head-on collision when he had already seen that the bus is coming from the opposite direction from a long distance. According to the learned Counsel appearing for the Corporation, eye witness was present on the spot, who deposed that the offending vehicle was seen from a considerable distance.;