JUDGMENT

Jaspreet Singh, J.

Heard Shri Ram Ratan, learned counsel for the appellants and Shri Mukesh Singh, learned counsel for the claimants respondents No1. to 5.

2. The instant appeal has been preferred under Section 173 of the Motor Vehicle Act, 1988 assailing the judgment and award dated 25.02.2023 passed by the Motor Accident Claims Tribunal, Faizabad in Claim Petition No.24/2021, wherein on account of death of one Indrasen Yadav, the claimants-respondents have been awarded a sum of Rs.41,63,934/- along with 7% interest.

3. Learned counsel for the appellants while assailing the award has submitted that in respect of the accident in question, the FIR was lodged with two days' delay. It is further urged that since a specific plea was taken by the appellant that the accident did not occur from the bus belonging to the appellant No.1, therefore, the delay in filing the FIR assumes significance. It is also urged that it was also alternatively a case of head on collision and the motorcyclist /deceased himself was responsible and, therefore, it being a case of contributory negligence, the Tribunal has erred in not considering the aforesaid aspects, which has resulted in sheer miscarriage of justice.

4. Learned counsel for the claimants-respondents, on the other hand, submits that the plea of denial of accident and in the alternative a case of contributory negligence are contradictory pleas. Moreover, the record would indicate that the claimants had examined an eye-witness, who clearly deposed that the accident had occurred on account of rash and negligent driving of the bus driver, which resulted in death of Indrasen Yadav.

5. The FIR and the charge-sheet was also brought on record which corroborates the aforesaid fact and there was no evidence led by the appellants to establish the plea of contributory negligence.

6. In view of the aforesaid, it cannot be said that the Tribunal has erred in making the award.

7. The Court has heard learned counsel for the parties and also perused the material on record.

8. It would reflect that the case set up by the claimants respondents was that on 14.05.2019 at around 09:30 AM, the deceased Indrasen Yadav was riding his motorcycle and was proceeding towards his office for his duties. While he had reached Jallalpur at that relevant time a bus bearing UP-42-AT5437 hit the motorcyclist from the back and from the wrong side which caused grievous injuries to the rider of the motorcycle, who later succumbed to his injuries and in this view of the matter, a claim petition was filed by the claimants respondents, which was registered as Claim Petition No.24/2021.

9. The claim petition was contested by the appellants by raising a ground that no accident had occurred from the bus in question. Apart from that, FIR was also delayed by two days and even otherwise it being a case of contributory negligence, the sole liability was not of the appellants.

10. Upon exchange of the pleadings, the Tribunal had framed five issues and considering the Issues No.1 and 2, it found that the accident occurred on account of rash and negligent driving of the bus driver and it also found that since the bus had hit the motorcyclist from the behind, accordingly, it was no case of contributory negligence. It found that the bus was duly insured and the driver had a valid licence and thereafter it went on to compute the compensation and has awarded a sum of Rs.41,68,934/- along with 7% interest by means of its judgment and award dated 25.02.2023 which is under challenge in the instant appeal.

11. Having considered the submissions of the learned counsel for the appellants and from a material on record, this Court finds that insofar as the issue regarding the den