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2016 Supreme(Del) 1478

R.K.GAUBA
U. P. STATE ROAD TRANSPORT CORPORATION THROUGH: ITS REGIONAL MANAGER – Appellant
Versus
SARASWATI – Respondent


Advocates Appeared:
Ms. Garima Prashad, Adv.
Mr. S. N. Parashar, Adv. for R-1 to 5.

JUDGMENT :

R.K.GAUBA, J.

1. On 01.01.2012, at about 06:25 PM, a motor vehicular accident occurred involving two motor vehicles namely motorcycle bearing registration no.DL-13SK-3074 (the scooter) and U.P. State Roadways bus bearing registration no.UP-14AT-8603 (the bus). Two persons were moving on the motorcycle at the time of the collision, they being Nitin and Ravi, both aged 22 years, each of whom died in the consequence. While Nitin was married and survived by wife and other members of the family which include mother, father, younger sister and younger brother, Ravi was a bachelor and was survived by his mother, sister and brother. Two claims petitions were brought before the motor accident claims tribunal (the tribunal) on 16.01.2012, one by the dependant family members of Nitin, it having been registered as petition no.26/2012 and the other by dependant family members of Ravi, it having been registered as MAC case no.32/2012. In each of the said cases, it was alleged that the accident had occurred due to rash/negligent driving of the bus by its driver (Krishan Pal). The claimants sought compensation praying that the said driver Krishan Pal be held liable, he being the principal





























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