Full Judgment Text
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Judgment delivered on: 29 March, 2019
+ MAC.APP. 141/2017
UTTAR PRADESH STATE ROAD
TRANSPORT CO. (UPSRTC),
Through the Regional Manager,
Ghaziabad Depot, U.P. ...Appellant
Through: Mr. Aly Mirza, Advocate.
versus
1. RIYAZ KHAN
S/o Late Sh. Sujjan Khan
2. SUDHIR KUMAR
S/o Sh. Ram Bhajan ...Respondents
Through: Mr. JPN Shahi, Advocate
for R-1 with R-1 in
person.
[
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
JUDGMENT
I. S. MEHTA, J.
1. The instant appeal is arising from the impugned award dated
08.11.16 in MACT Case No. 3937/16 passed by Ms. Neena Bansal
Krishna, Presiding Officer, MACT (SE-0l), Saket Courts, New Delhi
MAC.APP. 141/2017 Page 1 of 7
( henceforth referred to as the Tribunal ) whereby the respondent No.1
was awarded Rs. 22,42,500/- alongwith interest at the rate of 9% p.a.
from the date of filing of petition till the date of its realization.
2. The brief facts stated are that on 21.07.2014 the petitioner,
Riyaz Khan was traveling from Aligarh, Uttar Pradesh to Kashganj
alongwith other passengers in UP State Roadways Bus bearing No.
UP-81AF-3137 ( hereinafter referred to as offending vehicle ) and met
with the accident at G.T. Road, opposite Sarai Village, U.P. He was
taken to Government Hospital, Sikandra Rao, Uttar Pradesh.
Thereafter, he was referred to N.M.C.H. Government Hospital,
Aligarh, U.P. Petitioner also received treatment from Safdarjung
Hospital, Delhi. FIR No. 308/14 under Section 279/338 IPC was got
registered at Police Station Sikandra Rao, Uttar Pradesh.
3. Thereafter, claim petition was filed on 26.03.2015 against
Respondent No.1, driver of the offending vehicle, Respondent No.2,
Depot Manager (Owner) and Respondent No.3( Appellant herein ),
Secretary of UPSRTC.
4. Respondent No.1 filed written statement and submitted that he
was driving the offending vehicle in U.P. State in normal speed and
denied that accident never happened and further denied the claimant
was travelling in the bus.
5. Respondent No.2 filed written statement and submitted that the
accident took place on 21.07.2014 when one Bolero car was
overtaking a truck and in the process of overtaking the Bolero car
came on the wrong side of the road and the driver of the offending
vehicle tried to save the bus and took the bus on un-metalled portion
MAC.APP. 141/2017 Page 2 of 7
of the road where the bus got into existing pot holes in the area and
due to that reason bus turned-turtle and some passengers sustained
injuries, he further submitted that driver was not negligent in the said
accident and accident occurred in the process of saving the Bolero car
which was coming from the wrong direction and denied entire
allegation made in the claim petition.
6. On the basis of the pleadings of the parties, issues were framed
on 29.02.2016 by the Ld. Tribunal.
7. In support of his claim petition, Petitioner filed his affidavit
Ex.PW1/A and examined himself as PW1. He relied upon the
documents i.e. refer letter of N.M.C.H Aligarh and OPD card of
Safdarjung Hospital which are Ex. PW1/1 (colly.), the Photocopy of
Discharge Card of Safdarjung Hospital is Mark-A, Medical bills of the
petitioner are Ex.PW1/2 (colly.), the Photocopy of school leaving
certificate is Ex.PW1/3, Copy of Election Identity Card is Ex.PW1/4
and Disability Certificate issued by Pt. Madan Mohan Malviya
Hospital is Ex.PW1/6. Thereafter, petitioner’s evidence was closed on
07.10.2016.
On the other hand, Respondent No.1 failed to contest the
petition after filing written statement.
8. Respondent No.2 did not lead any evidence in rebuttal.
9. On the basis of pleadings and evidence led by the parties,
impugned award was passed. Aggrieved from impugned award,
Appellant has preferred the present appeal.
10. The Appellant has challenged the impugned Award on the
following grounds: -
MAC.APP. 141/2017 Page 3 of 7
i. That the award is contrary to facts and laws and is liable to
be set aside.
ii. That the award further suffers from material discrepancy
which creates doubt whether claimant was travelling on the
aforesaid bus on 21.07.2014 for want of evidence i.e. bus
ticket.
iii. That the disability certificate is not proved in accordance
with law.
iv. That the award suffers from proving the claimant was doing
work of embroidery and knitting.
v. That the award further suffers from awarding excessive
amount to the claimant.
11. Per contra, learned counsel for Respondent No.1/claimant
submitted that the compensation awarded by the Ld. Tribunal is fair,
just and reasonable and the present appeal deserves to be dismissed.
12. In the instant appeal the respondent No.1injured Riyaz Khan in
his affidavit Ex.PW1/A has specifically stated that on 21.07.2014 he
was traveling from Alipur to Kashganj alongwith co-passengers in
offending vehicle which was driven by the respondent No.2 driver
Sudhir Kumar rashly and negligently. When they reached at GT road,
opposite Sarai village road the respondent No.2 accelerated the speed
of the bus and started driving the said bus rashly and negligently as a
result of which he lost control over the bus and the bus got turned-
turtle on the road with great force and accident has taken place in
which claimant’s left arm got crushed under the bus and co-passenger
also sustained grievous injuries. Later, he was taken to Govt. Hospital,
MAC.APP. 141/2017 Page 4 of 7
Sikamndra Rao, U.P. Thereafter he was referred to Safdarjung
Hospital and during the course of treatment at Safdarjung hospital his
left forearm below shoulder was amputated on 02.08.2014 and later he
was discharged on 14.08.2014. The relevant contents of the affidavit
Ex.PW1/A is reproduced as hereunder: -
“1. …On 21.07.2014 at about 11.00 A.M., I was
travelling alongwith other passengers in U.P. State
Roadways Bus bearing No. UP-81-AF-3137, which was
being driven by its driver/respondent No.1 in rash and
negligent manner. I was going towards Kashganj from
Aligarh, U.P. when I alongwith other occupants reached
at G.T. Road opposite Sarai Village Road and respondent
No.1 namely Sudhir Kumar accelerated the speed of the
U.P. Roadways Bus bearing No. UP-81-AF-3137 in a
rash and negligently manner and lost control over the bus
and U.P. Roadways Bus Turned-Turtle on the road with a
great force and my left arm crushed under the bus and
other passengers also sustained grievous injuries. After
the accident I alongwith other occupants were removed to
Govt. Hospital, Sikandra Rao, U.P. and thereafter I was
referred to N.M.C.H. Govt. Hospital, Aligarh, U.P. where
the concerned doctor prepared my MLC and diagnosed to
me crush injury of left hand forearm and head injury and
thereafter I was referred to Safdarjung Hospital, New
Delhi on 22.07.2014 for better medical treatment, where
the concerned diagnosed to the A/E amputation
(Gullitone) done for gangrenous left U.L. GA in EOT on
02.08.2014 Unit-II and discharge on dated 14.08.2014”.
13. The statement of the respondent No.1 Riyaz Khan was closed
on 07.10.2016 and Appellant and respondent No.2/driver of the said
bus did not prefer to rebut the statement of the respondent
No.1/claimant that the accident occurred on 21.07.2014 at G.T. Road
MAC.APP. 141/2017 Page 5 of 7
opposite Sarai village road U.P. due to rash and negligent driving on
the part of the respondent No.2/driver. The respondent No.2 and the
Appellant too do not dispute that offending vehicle was driven by the
respondent No.2, Sudhir Kumar on the aforesaid date at 11 A.M.
However, the Appellant denies rash and negligent driving on the part
of the respondent No.2. There is no explanation on record that the
respondent No.2 has not examined himself to rebut the evidence of the
respondent No.1/claimant.
14. So far, the identification of the claimant being a rightful
passenger on the date of the incident is concerned, respondent
No.1/claimant has specifically stated that he was traveling in the U.P.
State Roadways Bus and has also given bus No. UP-81-AF-3137 in
his affidavit and the same has not been denied by the Appellant in
their written statement. The statement of the respondent No.1-Riyaz
Khan remains un-rebutted qua the amputation of left forearm due to
the crush injury and Disability Certificate Ex.PW1/6.
15. As far as proving of the documents relied upon by the
respondent No.1/claimant is concerned the same has been exhibited
without objection, since documents were exhibited before the Tribunal
without objection at the time of recording of statement of the
respondent No.1/claimant on 07.10.2016. Subsequent plea of the
Appellant that the documents are not proved is neither here nor there
and the same is not available to Appellant and respondent No.2.
16. As far as the plea of the Appellant that the respondent
No.1/claimant has failed to prove that he was doing work of
embroidery and knitting is concerned, the respondent No.1/claimant in
MAC.APP. 141/2017 Page 6 of 7
paragraph 6 of his own affidavit has specifically stated that at the
relevant point of time he was doing embroidery and knitting work
which is reproduced hereunder: -
“6 . ..That at the time of accident I was doing embroidery
and knitting work and earning a sum of Rs.18,000/- per
month. ”
17. The Appellant and respondent No.2 did not rebut the statement
of the respondent No.1/claimant and paragraph 6 of the affidavit
Ex.PW1/A. The objection raised by the appellant is just for the sake of
raising objection which does not take logical conclusion in absence of
rebuttal of the aforesaid content of the affidavit and statement of the
respondent No.1/claimant. Therefore, there is no force in the
contention of the Appellant. Consequently, no interference in the
impugned award is required.
18. As discussed above, I find no infirmity in the impugned award
dated 08.11.16 passed by the Ld. Tribunal. Thus, the present appeal is
accordingly dismissed and impugned award is upheld. Awarded
amount be released in favour of the claimants in manner as prescribed
in the impugned award.
19. LCR File be sent back. Let one copy of this judgment be sent to
the concerned Court. No order as to costs.
I.S.MEHTA
(JUDGE)
MARCH 29, 2019
MAC.APP. 141/2017 Page 7 of 7