Sabhajeet Yadav, J. - (1.) By this petition, the petitioner has challenged the order of recovery dated 25.6.2008 passed by respondent No. 2 and sought further relief of mandamus directing the respondent to refund the amount already recovered from the petitioner in pursuance of the impugned order dated 25.6.2008 with interest of 12% per annum.
(2.) The brief facts leading to the case are that the petitioner while driving a bus of U.P.S.R.T.C. hereinafter referred to as 'the Corporation' in the night of 2nd and 3rd April, 1999 had met with an accident due to rash and negligent driving of Dumper Truck No. U.P.78 N 3879 coming from opposite side, resulting which a passenger namely Mohan Lal sitting in his bus had received injuries and ultimately died due to said injuries. Immediately after the said accident the Varistha Kendra Prabhari, U.P.S.R.T.C, Jhansi had inspected the spot in morning of 3rd April, 1999, and submitted a report regarding the aforesaid accident wherein he had very categorically held that the petitioner was not guilty of accident in question. A true copy of the said report is on record as Annexure-3 of the writ petition.
(3.) It is stated that after lapse of some time the dependents of Late Mohan Lai had filed a claim petition before Motor Accident Claims Tribunal, Jhansi, in which owner and driver of the aforesaid Dumper Truck were also impleaded as opposite parties along with the petitioner and Regional Manager, U.P.S.R.T.C, Jhansi. But the Corporation was not impleaded as opposite party. The said claim petition was registered as MAC Case No. 130 of 1999, Asha Ram and others v. Bhanu Prakash and others. In the said claim petition a written statement was filed by the respondent No. 2 on his behalf as well as on behalf of the petitioner stating therein that the petitioner was not at all guilty of negligence leading to the said accident. The petitioner had also appeared before Claims Tribunal in the witness box and denied his negligence which could be said to have led the aforesaid accident. The aforesaid claim petition was ultimately allowed by the Motor Accident Claim Tribunal/4th A.D.J., Jhansi vide its judgement and order dated 2.3.2001, whereby claims tribunal has awarded a sum of Rs. 2,81,500/- along with 8% simple interest per annum compensation to the claimants/dependents heirs of deceased passenger, out of which half of the money was liable to be paid by insurer of the Dumper truck, remaining half was to be paid by officer and employer of the Corporation. A copy of aforesaid judgement and award is on record as Annexure-8 of the writ petition.;