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2025 DAILYLAW 118344 (ALL)

U.P. STATE ROAD TRANSPORT CORP. THRO. ITS REGIONAL MANAGER v. KALLU S/O RAMDEEN

FAFO/778/2011 · 2025-02-11

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8828 Court No. - 4 Case :- FIRST APPEAL FROM ORDER No. - 778 of 2011 Appellant :- U.P. State Road Transport Corp. Thro. Its Regional Manager Respondent :- Kallu S/O Ramdeen Counsel for Appellant :- Shachindra Dwivedi,Akhter Abbas,Prabhakar Tiwari,Pradeep Kumar Shukla Hon'ble Rajnish Kumar,J. 1. Shri Pradeep Kumar Shukla, learned counsel for the appellant submits that the liability for payment of compensation has wrongly been fastened on the appellant, whereas the vehicle was insured and was being driven by the driver having valid driving licence. 2. Having considered the submissions of learned counsel for the appellant, I have perused the record and impugned judgement and award passed by the Tribunal. 3. Learned Tribunal has recorded specific finding in regard to issue no.2 that the owner of the vehicle has not filed any written statement and the name of the driver has also not been disclosed by the respondent nos.1 and 2 i.e. appellant/corporation and respondent/insurance company and no licence of driver has also been placed on record. Thus it is not proved from the evidence on record that the driver of the vehicle was having a valid and effective driving licence. The issue nos.3 and 4 in regard to the insurance of the vehicle and it's validity has also been decided in negative holding that it has not been proved that the vehicle was insured with the National Insurance Company/respondent no.2. Nothing contrary could be shown by learned counsel for the appellant even in regard to finding of accident recorded by the Tribunal. 4. In view of above, this Court is of the view that there is no illegality or error in the impugned judgment and award dated 12.05.2011 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.3, Lakhimpur Kheri in Claim Petition No.165 of 2005; Kallu versus U.P.S.R.T.C. & Others, which may call for any interference by this Court. The appeal is liable to be dismissed. 5. The appeal is, accordingly, dismissed. 6. The amount of statutory deposit and any other amount deposited before this Court under any order of this Court shall be remitted to the concerned tribunal for adjustment in compensation under the impugned award forthwith and in any case within four weeks from today, which shall be paid forthwith to the claimant/respondent after intimating him/them by the learned Tribunal in accordance with law. (Rajnish Kumar,J.) Order Date :- 11.2.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench