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2016 Supreme(Del) 1959

R.K.GAUBA
UP STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
PUNAM JOSHI – Respondent


Advocates Appeared:
Ms. Garima Prashad and Mr. Shadab Khan, Advs.
Mr. KK Dubey, proxy for Mr. Anshuman Bal, Adv.

JUDGMENT :

R.K. GAUBA, J.

1. On 28.03.2012, Kailash was driving a tempo bearing registration No. UP 16AT 3311 (tempo) from Dadri to Muradabad. Rohit Joshi and Sonu were travelling with certain other persons in the said tempo. In the area of Kishan Degree College, Sambhawali, Uttar Pradesh, the tempo had a break-down. As Kailash was trying to restore the vehicle to life for further movement, bus bearing No.UP 32CN 9935 (the bus) of Uttar Pradesh State Road Corporation (UPSRTC) driven by its employee (driver), Bharat Singh, statedly came at a high and rash speed from the side of Hapur and hit against the stationary tempo causing injuries to Kailash, Rohit Joshi and Sonu, all of whom were moved to the hospital where they consequently died. Three accident claim petitions were instituted before the motor accident claims tribunal (tribunal) each seeking compensation under Sections 166 & 140 of Motor Vehicles Act, 1988 (MV Act); first (MAC petition No.72/12) filed by parents (claimants) of Rohit Joshi who was a bachelor aged 21 years; second (MAC petition No.74/12) by wife and other dependent family members (claimants) of Sonu, aged 26 years; and the third (MAC petition No.75/12) by the wi




















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