Rajesh Chandra J. - (1.) The appellant U.P.S.R.T.C. has filed this appeal against the award dated 22.7.2009 passed by the Motor Accidents Claims Tribunal/Special-Judge (DAA) Hamirpur in Motor Accident Claim Petition No. 39/ 2008.
(2.) In brief the facts of the case are that Smt. Mayadevi and others filed a petition under the Motor Vehicles Act 1988 for compensation for the death of Ramesh Kumar in a motor accident. According to the claimants the U.P.S.R.T.C Bus No. UP-93E 4189 had gone to Delhi from Hamirpur Depot on 30.10.2009 and at that time Shyam Babu was the driver of the bus whereas the deceased Ramesh Kumar was a conductor thereon. On 1.11.2006 when the bus was returning to Hamirpur and reached within the jurisdiction of Police Station Bakebar at about 5 AM, the same was dashed by the driver against a truck which was standing on the roadside. In this accident Ramesh Kumar as well as the driver Shyam Babu along with some other passengers sustained injuries. Ramesh Kumar was admitted in Kanpur Hospital where he succumbed to the injuries during treatment.
(3.) It was alleged in the petition that at the time of death Ramesh Kumar was in the employment of the U.P.S.R.T.C and was working as a conductor on contract basis. He was earning Rs. 4,000/- per month. It was further alleged that the accident took place due to the rash and negligent driving of the bus by its driver Shyam Babu and the First Information Report was lodged on 2.11.2006 at Police Station Bakebar by Mr. R.S. Gautam In-charge of the Hamirpur bus depot.;