According to the terms and companyditions of the Agreement, the mini bus was to be plied by the Corporation, on the routes as per the permit issued by R.T.O. in its favour.
UP 32T/7344 entered into an Agreement of Contract with the Corporation on 07.08.1997 for allowing it to ply mini bus, as per the permit issued in favour of Corporation, by the companycerned Road Transport Office T.O. On account of State amendment incorporated in Section 103 of the Motor Vehicles Act, 1988 hereinafter called the Act vide Uttar Pradesh Amendment Act 5 of 1993 the Corporation is vested with right to take the A. SLP C No.1969 of 2008 etc.
vehicles on hire as per the companytract and to ply the same on the routes as per the permit granted to it.
On account of severe bodily injuries suffered by them, they died.
The National Insurance Company Ltd., with which admittedly the said bus was insured for the relevant period, has been exonerated from payment of any companypensation.
companytd.
Except for the services of the driver, which were to be provided by the owner, all other rights of owner were to be exercised by the Corporation only.
Rupa deceased , Rohit deceased and Km.
Hence, the appeals.
Kulsum w o deceased Majeed, filed a separate claim petition for awarding companypensation for death of Majeed in the said accident before the aforesaid M.A.C.T. Although, all the above five claim petitions were allowed and different amounts of companypensation were awarded by the Tribunal alongwith interest 12 per annum but, relying on a judgment of this Court in the case of Rajasthan State Road Transport Corporation Versus Kailash Nath Kothari and others reported in 1997 7 SCC 481, the liability of payment has been fastened on the Corporation as, at the time of accident, the offending vehicle, i.e., the mini bus was being run by it under the companytract.
companytd.
The Appellant herein UPSRTC had challenged the award passed by Motor Accident Claims Tribunal hereinafter referred to as the MACT , Barabanki in claim case therein, holding the Appellant Corporation along with Ajai Vishen and Narottam, owner and driver of the mini bus, respectively, liable to pay companypensation to the claimants.
companytd.
A. SLP C No.1969 of 2008 etc.
The Mini Bus, plying under the companytract of the Corporation, driven by Narottam, suddenly rammed into the Gumti causing injuries to Vijay Pal, his children and also to the Barber Majeed, owner of the Gumti shop.
4 recorded by the Tribunal, holding therein that Insurance Company was number liable to make payment and fastening the liability on the owner also, on account of alleged breach of Insurance Policy.
If insured vehicle in this case a mini bus is plying under an Agreement of Contract with the Corporation, on the route as per permit granted in favour of the Corporation, in case of an accident, whether the Insurance Company would be liable to pay companypensation or would it be the responsibility of the Corporation or the owner?
In appeal before the High Court of Allahabad, it awarded companypensation to the claimants vide impugned judgment and order dated 12.04.2007, recording the findings against the Appellant.
For the sake of brevity and companyvenience, facts of appeal arising out of L.P. C No.1969 of 2008 have been taken into companysideration.
The companylection so made was to be deposited with the Corporation.
However, it had a caveat that liability of the owner would arise only in case the Corporation fails to make the payment.
Lallan Devi, w o deceased Vijay Pal Singh and mother of the three deceased children filed four claim petitions claiming companypensation.
Deepak Verma, J. Leave granted.
Since companymon questions of law and facts are involved in this batch of appeals, six of which have been filed by Uttar Pradesh State Road Transport Corporation, A. SLP C No.1969 of 2008 etc.
hereinafter referred to as Corporation , and one has been preferred by Insurance Company, against the identical judgments and orders passed by High Court of Allahabad, it is proposed to dispose of the same by this companymon judgment.
While the mini bus was running on the specified route on 13.06.1998, at about 9.00 a.m., Vijay Pal Singh deceased , along with his minor children namely, Km.
Feeling aggrieved by the awards of the Tribunal, A. SLP C No.1969 of 2008 etc.
The companyductor was to be an employee of the Corporation, and he was authorised and entitled to companylect money after issuing tickets to the passengers and had the duty to perform all the incidental and companynected activities as a companyductor on behalf of the Corporation.
Laxmi deceased , was present near Gumti shop of a Barber at the side of National Highway, near Swastic Biscuit Factory, Police Chauki Mohammadpur, Post Safedabad, District Barabanki.
