- (1.) Uttar Pradesh State Road Transport Corporation, Aligarh has come forward with the present appeal challenging the negligence attributed to respondent No.3 in this appeal who was the driver serving under the appellant.
(2.) It is alleged by the claimants that on 6.10.2007, deceased Tejpal, son of the claimants was travelling alongwith one Bhagwan Dass from Palwal to village Rahimpur Chandhat in the bus registration No.UP- 81E/6138. The said vehicle was driven by respondent No.3 herein in a rash and negligent manner. Bhagwan Dass and deceased Tejpal asked the driver of the bus to stop it for alighting. The 3rd respondent stopped the offending bus at 8.20 p.m. on the said day. Before ever the deceased alighted from the bus, respondent No.3 suddenly took away the vehicle at a faster speed without caring for the alighting passengers and as a result of which the deceased came underneath the rear wheels of the offending bus and died on the spot. The said Bhagwan Dass lodged an FIR. Pursuant to which FIR 113 dated 7.10.2007 was registered as against respondent No.3 herein under Section 279 and 304-A IPC by Chandhat police station.
(3.) The appellant herein controverted the negligence attributed to respondent No.3 herein. The accident itself was denied. That apart objections also were raised with respect to the maintainability of the claim petition.;