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2024 Supreme(Del) 506

DHARMESH SHARMA
U. P. State Road Transport Corporation – Appellant
Versus
Sanjay Kumar – Respondent


Advocates appeared:
Mr. Manoj Sharma, Advocate, for the Appellant; Mr. Piyush Beriwal and Mr. Nikhil Kumar Chaubey, Advocate, for the Respondent

JUDGMENT

Dharmesh Sharma, J. - This judgment shall decide the present appeal preferred by the appellants/Uttar Pradesh State Transport Corporation (UPSRTC) under Section 173 of the Motor Vehicles Act, 1988[MV Act], assailing the Impugned order dated 18.05.2015 passed by the learned Motor Accident Claims Tribunal, Central, Delhi[Tribunal] in suit No. 109/2011[Claim Application], titled as Sanjay Kumar vs. Subhash Chander, whereby the learned Tribunal granted compensation in favour of the claimant.

    FACTUAL BACKGROUND:

    2. Briefly stated, it was the case of the claimant that on 15.08.2010 at about 1:30AM, Sanjay Kumar/claimant, was driving a TATA-407 Tempo bearing registration No.HR-46-A-8402 and when he reached at village Netrampuri, Sikandarabad, U.P., suddenly a bus bearing registration No. UP-75-K-9332 (hereinafter referred to as the offending vehicle), driven by Respondent No.l/Subhash Chander/driver[Section 2(9) of MV Act: "driver" includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle] (appella

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