MAC APP. 586/2017

MAC APP. 918/2015

Page 1 of 19

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IN THE HIGH COURT OF DELHI AT NEW DELHI

MAC. APP. 586/2017 & CM APPL. 24388/2017 (Stay)

U. P. STATE ROAD TRANSPORT

CORPORATION

....Appellant

Through:

Ms. Garima Prashad, Senior

Advocate with Mr. Shahdab

Khan, Advocate

versus

RAJAN RAUT & ANR

...Respondents

Through:

Mr. Varun Sareen, Ms. Shashi

Bala Bansal and Ms. Aparna

Iyer, Advocates

MAC. APP. 918/2015 & CM APPL. 5502/2020 (for releasing

FDR filed by respondent no. 1) & CM APPL. 19409/2018 (for

early hearing)

U. P. STATE ROAD TRANSPORT

CORPORATION

....Appellant

Through:

Ms. Garima Prashad, Senior

Advocate with Mr. Shahdab

Khan, Advocate

versus

PREM PRAKASH MAINRA & ANR....Respondents

Through:

Mr. Varun Sareen, Ms. Shashi

Bala Bansal and Ms. Aparna

Iyer, Advocates

CORAM:

HON'BLE MR. JUSTICE GAURANG KANTH

J U D G M E N T

GAURANG KANTH, J.

1.Both these appeals are heard together and disposed of by this

common judgment. These appeals arise out of the Awards passed by

the learned Trial Court which arise out of the same incident.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003264

MAC APP. 586/2017

MAC APP. 918/2015

Page 2 of 19

2.MAC. APP. 586/2017 is preferred by the Appellant/ U. P. State

Road Transport Corporation for setting aside the Award dated

06.03.2017 passed by learned Presiding Officer, Motor Accident

Claims Tribunal, South East District/ Saket Courts, New Delhi in

MACT case no. 3110/2016 whereby the learned Presiding Officer

accepted the claim of the petitioner/injured and awarded

alongwith interest @ 9% per annum from the date of filing of the

present petition till the date of realization in favour of the petitioner

against the respondents on account of their liability being joint and

several and MAC. APP. 918/2015 is preferred by the Appellant/ U.

P. State Road Transport Corporation for setting aside the Award

dated 10.09.2015 passed by learned Presiding Officer, Motor

Accident Claims Tribunal-2, Patiala House Courts, New Delhi in

Suit No. 466/2014 whereby the learned Presiding Officer accepted

the claim of the petitioner/injured and awarded Rs.1,50,80,000/-

interest @ 9% per annum from the date of filing of the present claim

petition till its realization including, interim award, if any, already

passed against the respondents and in favour of the petitioner.

Facts of the case

3.The facts borne out from the records are that on 16.05.2009 at about

08:30 A.M, the petitioner along with his colleague Ashok Sharma

was going from Delhi in their office car (Innova) bearing

registration No.DL-7CG-3740 to their Company's Plant Sidhkul

Pant Nagar and when they reached Delhi Moradabad National

Highway at about 08:30 A.M, one U.P. Roadways Bus bearing

No.UP-21 N-7245 came from the opposite direction and hit the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003264

MAC APP. 586/2017

MAC APP. 918/2015

Page 3 of 19

Innova car. Due to the impact, the petitioner, his colleague Ashok

Sharma and the driver of the Innova car Mr. Rajan Raut got

seriously injured and they were hospitalized by the people/

passersby who gathered there. All the injured who were travelling

in the Innova car were admitted to the nearest hospital. An FIR

bearing no. 761/2009 dated 16.05.2009 was lodged against the

driver of U.P. Roadways Bus bearing No.UP-21 N-7245 under

Sections 279/337/338/427 of the Indian Penal Code at Police Station

Gajraula, J. P. Nagar, Janpad Amroha, Uttar Pradesh. The injured

Mr.Prem Prakash Mainra and Mr.Rajan Raut firstly preferred claim

petitions before the MACT Court Agra for compensation. However,

the said claim petitions were dismissed by the MACT Court at Agra

on the ground of territorial jurisdiction. The owner driver and

insurer of the Innova Car were also made parties in the said claim

petitions. The injured Mr. Prem Prakash Mainra and Mr.Rajan Raut