U. P. S. R. T. C. vs Poonam Garg - 2023 Supreme(All) 2348

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2348

K. J. THAKER
U. P. S. R. T. C. – Appellant
Versus
Poonam Garg – Respondent

Advocates appeared:
For the Appellant :Sameer Sharma, Advocate.
For the Respondent:P. Mittal, Advocate.

Table of Content
1. accident caused by negligent driving. (Para 3 , 4)
2. principles of negligence and contributory negligence. (Para 5 , 6 , 7)
3. court confirms tribunal's findings on negligence. (Para 8 , 9 , 10 , 11)
4. appeal dismissed; order to disburse compensation. (Para 12 , 13 , 14 , 15)

JUDGMENT

Dr. Kaushal Jayendra Thaker, J.

Heard Sri S.K.Yadav, learned counsel for the appellant. None present for the respondents.

2. This appeal, at the behest of the U.P.S.R.T.C, challenges the judgment and decree dated 03.05.1997 passed by VI Additional District Judge/Motor Accident Claims Tribunal, Ghaziabad, passed in M.A.C.P. No. 47 of 1995 whereby the Tribunal has awarded Rs.5,20,000/- as compensation along with interest at the rate of 12%.

3. The brief facts as culled out from the record is that on 21.09.1994, Navin Kumar Garg was going from Hapur towards Pilakhuwa on a scooter bearing no. U.P.14B-1251 along with his friend Sanjai Kumar who was a pillion rider. As soon as the scooter of the deceased reached near village Anwarpur the U.P. Roadways bus bearing no. U.P.G-4767 came from behind in a very high speed, which was being driven rashly and negligently by its driver and dashed the sc