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2023 Supreme(Del) 5369

SUBRAMONIUM PRASAD
Up Roadways Through Its Regional Manager – Appellant
Versus
Ponnam Gandotra – Respondent


Advocates appeared:
Mr. Shadab Khan, Advocate, for the Appellant.
Mr. Shrey Mehta, Advocate, for the Respondent.

JUDGMENT

1. The Appellant/Uttar Pradesh State Road Transport Corporation (UPSRTC) seeks to challenge the Judgment dated 31.01.2013 passed by the Motor Accident Claims Tribunal (MACT), Rohini, Delhi in Petition No.804/09/10.

2. Shorn of details, the facts leading to the filing of the instant appeal are that on 09.04.2009 at about 10:30 PM, the deceased - Rajesh Kumar Gandotra boarded a U.P. State Road Transport Corporation (UPSRTC) bus bearing No. UP 15 AT 3953 from Anand Vihar to Modinagar Bus stand. It is stated that when the bus stopped at the Modinagar bus stand, the deceased de-boarded the bus. However, as the deceased was crossing the road in front of the bus, the driver drove the bus, running over the deceased. It is stated that, thereafter, the deceased was taken to Modi Nagar Hospital where doctors declared him brought dead. It is stated that, thereafter, an FIR bearing No.154/2009 was registered in respect of the said accident at Police Station Modi Nagar under Sections 279/304A of IPC.

3. It is stated that at the time of the accident, the deceased was 45 years of age and was working with M/s Manohar Filaments Pvt. Ltd, B-59, GT Kamal Road Industrial Area, Delhi and was drawi

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