JUDGMENT :

R.F. Nariman. J. - Leave granted.

2. In the present case, death occurred to a 45 year old who was on a cycle and hit by a bus on 16.08.2001. The Motor Accident Claims Tribunal (hereinafter referred to as 'MACT') found that it was as a result of rash and negligent driving by the driver of the bus, which was hired by the appellant-Uttar Pradesh State Road Transport Corporation under an agreement between it and the bus owner. Ultimately finding that the income would be Rs.18,000/- per year, minus one-third, and with a multiplier of 13, Rs.1.65 lakhs + 8 per cent interest was awarded by the MACT, but it was held, following Rajasthan State Road Transport Corporation vs. Kailash Nath Kothari (1997) 7 SCC 481 ["Kailash Nath Kothari"], that it is only for the appellant-Corporation to pay this entire amount and not the insurance company. This was held as follows:

"15. The bus is a private one. It ran under the control of the UPSRTC. The ld. counsel for the Insurance Company has argued that the bus under the control of UPSRTC devolved the responsibility of payment of any compensation upon UPSRTC because it is not the owner who is in control of the bus but the Corporation who controls