Family of road mishap victim gets around Rs 8.5 L compensation

New Delhi: Family members of a 38-year-old man, who died in an accident involving an Uttar Pradesh Roadways bus, have been awarded compensation of around Rs 8.5 lakh by a Motor Accident Claims Tribunal (MACT) here.

The tribunal directed Uttar Pradesh State Road Transport Corporation, owner of the bus, to pay Rs 8,49,570 to the wife, mother and daughter of Masihullah.

Masihullah, a south Delhi resident, died after the bus he was traveling in collided with a truck near Modi Nagar in Ghaziabad while he was returning to Delhi from Meerut. He died on the spot.

MACT Presiding Officer Madhu Jain passed the order saying that "it is very strange a government department which is running full fleet of buses on the roads has not shown any sympathy towards legal representatives of the deceased."

"The whole scenario of the accident which he has described in his written statement, only points to negligence of the respondent no 1," the tribunal said. "I hereby award an amount of Rs 8,49,570 as compensation ...in favour of the petitioners and against the respondents on account of their liability being joint and several," Jain said.

According to petitioners, on August 30, 2010, Masihullah died on the spot after the UP Roadways bus he was traveling in met with an accident near Modi Nagar, Ghaziabad.

During the probe, police arrested the driver and filed a charge sheet against him under the sections including 279 (negligent driving), 337 (causing hurt by an act which endangers human life) and 304 A (causing death by rash or negligent act) of IPC.

The driver, however, denied the allegation of being negligent while driving the bus and said it was not his fault.

The tribunal also noted that the driver himself had contended that the front wheel of the bus had got stuck in a big hole on the road, the steering got jammed and despite applying the brakes, the vehicle collided with the truck.

"Respondent no 1 (driver) himself has stated that there was a big hole on the road. If he would have been careful in driving of the bus, he could have easily avoided that big hole on the road. But it seems that without caring he kept on driving the bus with a result the front wheel of the bus got struck into the hole."

The deceased's family members had told the tribunal that he was working as a welder and earning Rs 10,000 per month.

"Petitioner (deceased's family members) has been able to prove that deceased suffered fatal injuries due to rash and negligent driving of the respondent no 1 (driver)," the tribunal said.

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