Uttarakhand High Court Upholds Compensation Award for Deceased Army Soldier
The Uttarakhand High Court has firmly upheld a compensation award of Rs 28.9 lakh to the family of an Army soldier who tragically lost his life in a road accident back in 2011. In a significant ruling, the court dismissed the appeal filed by the Uttar Pradesh State Road Transport Corporation (UPSRTC), which had attempted to challenge the earlier decision of the Motor Accident Claims Tribunal (MACT).
Court Rejects UPSRTC's Defence in Fatal Accident Case
A single bench presided over by Justice Pankaj Purohit delivered the judgment, emphatically rejecting UPSRTC's argument that the accident was caused by the sudden appearance of a cyclist on the road. The court found this defence to be unsubstantiated and lacking in evidence. Instead, the bench affirmed the tribunal's finding that the collision resulted directly from the rash and negligent driving of the UPSRTC bus driver.
The court order stated clearly: "The tribunal rightly held that the accident was caused by rash and negligent driving of the UPSRTC bus, which collided with a stationary truck from behind. The appellant's defence that the accident was caused by a cyclist suddenly appearing in front of the vehicle was not proven."
Details of the Tragic Incident and Compensation
The fatal accident occurred on July 7, 2011, at approximately 5:30 AM. Ganesh Singh, a 33-year-old Naik serving in the 5 Guards Regiment of the Indian Army, was traveling in a UPSRTC bus from Bareilly to Tanakpur along the Bareilly-Pilibhit road. As the bus approached the Lalourikheda intersection, the driver allegedly lost control, causing the vehicle to ram into a stationary truck parked on the roadside from behind.
Singh sustained severe injuries in the collision and was rushed to the Pilibhit district hospital for emergency treatment. Despite medical efforts, he succumbed to his injuries later that same day, leaving his family devastated.
In their claim petition, the family members argued that Singh's untimely death resulted in significant financial dependency loss, as well as emotional distress from the loss of companionship and security. They highlighted that he was earning a monthly salary of Rs 24,271, in addition to various allowances and other service benefits provided by the Army.
Legal Proceedings and Financial Implications
The Motor Accident Claims Tribunal had originally awarded a compensation amount of Rs 28,91,216 to Singh's family. This award also included an order for payment of interest at a rate of 6% per annum, calculated from the date the claim petition was filed until the full amount is realized.
In its recent ruling, the Uttarakhand High Court directed the insurance company involved to deposit the entire compensation sum with the claims tribunal within a strict timeframe of two months. This directive ensures that the family receives the financial support they are entitled to without further delay.
This case underscores the judiciary's commitment to upholding justice for victims of road accidents and their families, particularly when negligence is evident. It also serves as a reminder of the legal responsibilities borne by public transport corporations in ensuring passenger safety.
