$~5 (25.11.2025)

* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Decided on: 26.11.2025

+ MAC.APP. 564/2025 & CM APPL. 55142/2025

UTTARAKHAND TRANSPORT CORPORATION .....Appellant

Through: Mr. Daleep Dhyani.

versus

MUKESH KUMAR PAL & ANR. .....Respondents

Through: None.

CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

PRATEEK JALAN, J. (ORAL)

1. This appeal has been listed today, as 25.11.2025 was declared a holiday vide Notification No. 35/G-4/Genl.-I/DHC dated 24.11.2025.

2. The appellant – Uttarakhand Transport Corporation, which is the owner of a bus bearing registration No. UK-07-PA-1374, assails an award of the Motor Accident Claims Tribunal [“the Tribunal”] dated 28.05.2025 in MACT No. 71/2020. The Tribunal has awarded compensation of Rs.24,58,084/- alongwith interest at 7.5% per annum to respondent No. 1 – claimant, who was injured in an accident involving the said bus.

3. The facts of the case, as set out in the claim petition, are that the claimant was riding a motorcycle bearing registration No. DL-13-SN-0538, alongwith a pillion rider, on 10.07.2018. At about 06:00 p.m., at a location close to Chowki Patel Nager, District Ghaziabad, Uttar Pradesh, the motorcycle was hit by the said bus. The claimant suffered grievous injuries as a result, and was hospitalised three times – once for one night, once for about eleven days, and on the third occasion, he was discharged the same day. He filed the claim petition seeking compensation against the appellant and respondent No. 2 herein, who was the driver of the bus.

4. The driver was also charged in criminal proceedings arising out of FIR No. 1417/2018 dated 11.07.2018, lodged at P.S. Sihani Gate, District Ghaziabad, Uttar Pradesh. After investigation, a chargesheet was filed against him under Sections 279, 338, and 427 of the Indian Penal Code, 1860.

5. By the impugned judgment, the Tribunal noted that the appellant had denied the allegation of rash and negligent driving on the part of the driver. However, it returned a finding in favour of the claimant on this aspect, and assessed a total compensation under pecuniary and non-pecuniary heads at Rs.24,58,084/-.

6. The only submission of Mr. Daleep Dhyani, learned counsel for the appellant, is that the Tribunal has arrived at an erroneous finding on the question of negligence of the driver.

7. As far as this aspect is concerned, the evidence led before the Tribunal was only that of the claimant, who examined himself as PW-1. In his affidavit by way of evidence, he stated as follows:

“2. I say that on 10.07.2018 at about 06:00 p.m., I alongwith my friend Sonu S/o Sh. Gyanender Singh was going towards Ghaziabad from Delhi by motorcycle No.DL-13SN-0538 (R1.5 Yamaha), which was being driven by me at a normal speed and on correct side of the road. When we reached in-front of Meerut Tiraha, Chowki-Patel Nagar, within the jurisdiction of PS: Sihani Gate, Distt.Ghaziabad, in the meanwhile an Uttrakhand Roadways Bus bearing registration No.UK-07PA-1374, which was being driven by its driver, at a very high speed, rashly, negligently, without taking necessary precaution, without proper lookout, violating the traffic rules, without blowing any horn came from back side and hit my motorcycle with a great force. As a result of this we fell down on the road along with motor cycle and I sustained grievous injuries i.e. CRUSH INJURES LEFT LEG AND HEEL PAD INJURY and other multiple injuries. I was immediately taken to Yashoda Hospital, Ghaziabad by my friend Sonu, where I hospitalized from 10.07.2018 to 11.07.2018 and thereafter I was taken to Max Super Speciality Hospital, W-3, Sector-1, Vaishali, Distt. Ghaziabad, where he hospitalized from 11.07.2018 to 22.07.2018, then thereafter I was taken to Krishna Hospital & Trauma Center, J-85, Patel Nagar-I, Ghaziabad, where I hospitalized from 30.09.2018 at 06:30 a.m. to 30.09.2018 at 6:15 p.m. Thereafter I took my treatment for a period of two and half year.

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